RIVERA v. CITY OF NEW YORK

11242, 302970/13.

181 A.D.3d 479 (2020)

122 N.Y.S.3d 268

2020 NY Slip Op 01698

Virginia Rivera, Appellant, v. City of New York et al., Defendants, and 1170 Webster Avenue Co., Respondent.

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

Decided March 12, 2020.


Defendant established its prima facie entitlement to judgment as a matter of law in this action where plaintiff alleges that she was injured when she tripped on a water cap in the sidewalk in front of premises owned by defendant. Defendant showed that plaintiff did not trip on the sidewalk in front of its building by submitting plaintiff's deposition testimony that the store in front of which she tripped said "99 cents" on it in big red letters and the affidavit of defendant...

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