Plaintiff Charles Wiener was injured on May 30, 2003 when his bicycle allegedly slid on a granular white substance on a bicycle path, causing him to fall. During his 2003 deposition, he stated that he bicycled to work every day along the same path, but had not noticed the granular substance prior to his accident. Nor did he observe any construction activity on that date. Following defendants' respective documentary showings of prima facie entitlement to summary judgment,...
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