Aller v. City of New York

Order, Supreme Court, New York County (Matthew F Cooper, *564J.), entered November 24, 2008, which granted motions by defendants Appelbaum, Heinrich, Feroma and C&E for summary judgment dismissing the complaint and all cross claims as against them, respectively, unanimously modified, on the law, to deny the motions of defendants Appelbaum and Heinrich, and otherwise affirmed, without costs.

The court erred in finding plaintiffs deposition testimony to have been unduly speculative with respect to the location and cause of her injury since she clearly testified that she fell due to “unlevel” ground…