MEDLAND v. THIRD AVENUE COSMETICS, INC.


14 A.D.3d 432 (2005)

787 N.Y.S.2d 871

CLIVE MEDLAND et al., Appellants, v. THIRD AVENUE COSMETICS, INC., et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

January 25, 2005.


The evidence is insufficient to raise any triable issue as to whether plaintiff's injury was proximately caused by the alleged sidewalk defect retrospectively identified by plaintiff, and while there is evidence that plaintiff's fall and ensuing injury were attributable to the circumstance that his ankles became entangled in plastic packing material, there is no evidence that defendants were responsible for the presence of those materials on the sidewalk abutting their...

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