VAUGHN v. HARLEM RIVER YARD VENTURES II, INC.

12850, 118311/09.

118 A.D.3d 604 (2014)

989 N.Y.S.2d 464

2014 NY Slip Op 4694

DOROTHY VAUGHN, Appellant, v. HARLEM RIVER YARD VENTURES II, INC., et al., Respondents.

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

Decided June 24, 2014.


Defendants established entitlement to judgment as a matter of law in this action where plaintiff alleges that she tripped and fell on a cracked and broken curb of a sidewalk. Defendants submitted, inter alia, deposition testimony showing that they did not create, and had no prior actual or constructive notice of the allegedly defective condition of the curb (see Gordon v American Museum of Natural History, 67 N.Y.2d 836 [1986])....

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