CRUZ v. CITY OF NEW YORK


39 A.D.3d 398 (2007)

832 N.Y.S.2d 801

ANA V. CRUZ, Appellant, v. CITY OF NEW YORK et al., Defendants, and VERIZON NEW YORK, INC., Respondent.

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

Decided April 24, 2007.


The affirmation of defendant's attorney and the arguments made therein are supported by pertinent references to the pleadings, the parties' deposition testimony and photographs marked as exhibits at depositions (see Zuckerman v City of New York, 49 N.Y.2d 557, 563 [1980]), and establish defendant's prima facie entitlement to summary judgment based on the fact that the alleged sidewalk defect was trivial (see Trincere v County...

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