Baez v. City of New York

—Order of the Appellate Term of the Supreme Court, First Department, entered July 28, 1995, which reversed an order of the Civil Court, New York County (Salvador Collazo, J.), entered October 20, 1993, granting defendant’s motion to dismiss the complaint for failure to state a cause of action, and which denied the motion and reinstated the complaint, unanimously reversed, on the law, without costs, defendant’s motion to dismiss granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Where plaintiff slipped on a section of a public roadway which was oily and…