Gray v. Fane

Appeal from an order of the Supreme Court (Relihan, Jr., J.), entered November 24, 1993 in Tompkins County, which denied defendant City of Ithaca’s motion for summary judgment dismissing the complaint against it.

This action arose out of a slip and fall accident which occurred as a result of an accumulation of ice and snow along a sidewalk which adjoins the property of the individual defendants. Defendant City of Ithaca supported its motion for summary judgment by submitting undisputed evidence of no compliance with the prior written notice requirement of a local law. The burden, therefore,…