SMIRNOVA v. CITY OF NEW YORK


64 A.D.3d 641 (2009)

882 N.Y.S.2d 513

NATALIA SMIRNOVA, Respondent, v. CITY OF NEW YORK et al., Respondents, and INDUSTRIAL HOME FOR THE BLIND, Appellant.

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

Decided July 14, 2009.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and the motion of the defendant Industrial Home for the Blind for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.

On August 10, 2005 the plaintiff allegedly tripped and fell when she caught her foot on the edge of a plywood board covering a subway grate in the sidewalk adjacent to property owned by the appellant...

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