Fogan-Chew v. Poughkeepsie Department of Public Works

In an action to recover damages for personal injuries, the defendant City of Poughkeepsie appeals from so much of an order of the Supreme Court, Dutchess County (Brands, J.), dated December 4, 2014, as denied that branch of its motion which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it for failure to state a cause of action.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly tripped and fell in a hole adjacent to a “no parking” sign while walking in a grassy area between a sidewalk and a curb in the…