Viscusi v. City of Gloversville

Appeal from an order of the Supreme Court (Sise, J.), entered April 26, 1999 in Fulton County, which granted defendants’ motions for summary judgment dismissing the complaint.

On August 23, 1996, plaintiff claims he was injured when he tripped on an uneven sidewalk abutting the property owned by defendant Ethel Fitzgerald in the City of Gloversville, Fulton County. Plaintiff commenced this action against Fitzgerald and defendant City of Gloversville alleging negligent maintenance of the sidewalk. Following joinder of issue and discovery, Fitzgerald moved for summary judgment arguing that as…