Bouton v. City of Newburgh

The defendant City of Newburgh and the defendant T.M. Brennan Contractors, Inc. (hereinafter together the movants), each made a prima facie showing of their entitlement to judg*716ment as a matter of law dismissing the complaint insofar as asserted against them. The movants submitted evidentiary proof, including a transcript of the testimony given by the plaintiff at a hearing held pursuant to General Municipal Law § 50-h, a transcript of the plaintiffs deposition testimony, and photographs of the accident site, that established that the condition which caused the subject accident was open and…