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LIMA v. VILLAGE OF GARDEN CITY

2013-11471, Index No. 19251/10.

131 A.D.3d 947 (2015)

16 N.Y.S.3d 249

2015 NY Slip Op 06714

HEATHER Fox LIMA, Appellant, et al., Plaintiff, v. VILLAGE OF GARDEN CITY, Respondent, et al., Defendant. (And a Third-Party Action.)

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

Decided September 2, 2015.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the motion of the Village of Garden City for summary judgment dismissing the complaint insofar as asserted against it. The Village established, prima facie, that it did not receive prior written notice of the icy condition which allegedly caused the injured plaintiff's accident, as required by section 132-2 of the Code of the Village of Garden...

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