ROSELL v. CITY OF KINGSTON

513021.

92 A.D.3d 1123 (2012)

939 N.Y.S.2d 153

2012 NY Slip Op 1172

ALICIA ROSELL, Appellant, v. CITY OF KINGSTON, Respondent.

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

Decided February 16, 2012.


MALONE, JR., J.

Plaintiff commenced this negligence action after she allegedly sustained injuries when she tripped and fell on a flagstone sidewalk that is maintained by defendant in front of defendant's City Hall. Following discovery, defendant moved for summary judgment dismissing the complaint on the ground that it lacked prior written notice of the specific defect that allegedly caused plaintiff's fall. Supreme Court granted the motion, finding, as is relevant...

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