Morgan v. Department of Sanitation

—Order, Supreme Court, New York County (Louis York, J.), entered July 22, 1997, denying defendant’s motion for summary judgment, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendants-appellants dismissing the complaint.

Plaintiff alleged that on a cold and windy day she slipped on a frozen surface apparently in the vicinity of a discarded coffee cup, worn flat by pedestrian traffic, as she stepped off the curb near the corner of 63rd Street and Third Avenue. Among others, she sued the…