SMITH v. CITY OF MOUNT VERNON

2011-09787.

101 A.D.3d 847 (2012)

955 N.Y.S.2d 635

2012 NY Slip Op 8507

GLADYS SMITH, Respondent, v. CITY OF MOUNT VERNON, Appellant.

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

December 12, 2012.


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 12, 2009, the plaintiff, then 64 years old, allegedly tripped and fell over a cracked sidewalk flag while walking on North Third Avenue in Mount Vernon. She commenced this action against the defendant, the City of Mount Vernon, to recover damages for her alleged injuries. After the plaintiff filed her note of issue...

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