Court of Appeals of New York

In case where plaintiff tripped and fell in a pothole, dismissal of complaint by appellate division is affirmed as defendant city was entitled to summary judgment since plaintiff failed to raise a triable question of fact as to whether city created a defective condition within the meaning of an exception, which requires that the affirmative negligence of the city immediately result in the existence of a dangerous condition.

Appellate Information

• Decided 02/07/2008
• Published 02/07/2008

Judges

Court

• Court of Appeals of New York

Counsel