RODGERS v. CITY OF NEW YORK


34 A.D.3d 555 (2006)

824 N.Y.S.2d 179

CHRISTIAN RODGERS, Respondent, v. CITY OF NEW YORK et al., Respondents, GEORGETTE MILLER, Appellant, et al., Defendants.

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

Decided November 14, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against the appellant is granted.

As attested to by the plaintiff at his examination before trial, he tripped and fell in a hole located in front of premises known as 751 Union Street, in Brooklyn. He subsequently commenced this action in which the appellant, among others, was named...

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