MERRILL v. CITY OF NEW YORK

9263, 155587/15.

172 A.D.3d 483 (2019)

100 N.Y.S.3d 244

2019 NY Slip Op 03672

Ashlee Merrill, Appellant, v. City of New York et al., Respondents.

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

Decided May 9, 2019.


C&T established prima facie entitlement to judgment as a matter of law, in this action where plaintiff alleges that she was injured when she tripped and fell on two potholes in the roadway. C&T submitted, inter alia, the testimony of its employee that neither C&T nor its contractors performed any above-ground work near the site of plaintiff's accident. In opposition, plaintiff referred to road opening permits that were issued to C&T, but this did not raise...

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