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SMITH v. CITY OF NEW YORK

111178/05, 6497, 6497A

91 A.D.3d 456 (2012)

936 N.Y.S.2d 178

2012 NY Slip Op 94

MELISSA SMITH, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided January 10, 2012.

Plaintiff testified at her deposition that she had "no idea" how she tripped and fell and she could not identify or mark on photographs the specific rise, declivity or defective condition of the sidewalk that caused her accident. She stated that she did not feel her foot go into a depression, catch or strike anything, slip, or slide. Citing this testimony, defendants sustained their burden of demonstrating entitlement to summary...

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