DE LA REGUERA v. CITY OF MOUNT VERNON

2009-06249.

74 A.D.3d 1127 (2010)

904 N.Y.S.2d 108

MERCEDES DE LA REGUERA, Respondent, v. CITY OF MOUNT VERNON, Appellant.

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

Decided June 22, 2010.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

On August 30, 2006, the plaintiff allegedly was injured when she tripped on a pothole in the "permit only" area of a parking lot owned by the defendant, the City of Mount Vernon. The plaintiff possessed a city-issued permit allowing her to park in the "permit only" parking spaces within the parking lot, for which she paid...

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