LAWLER v. CITY OF YONKERS


45 A.D.3d 813 (2007)

847 N.Y.S.2d 121

BERNADETTE A. LAWLER, Appellant, v. CITY OF YONKERS, Respondent.

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

Decided November 27, 2007.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when she tripped and fell on a public sidewalk from which a rock was protruding. According to the plaintiff, the rock protrusion was surrounded by a lumpy and uneven mass of asphalt. She commenced this action to recover damages against the City of Yonkers, the municipal owner of the sidewalk.

The City made a prima facie showing of its entitlement to judgment as a matter of...

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