Acheson v. City of Mount Vernon

In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Barone, J.), entered May 30, 2003, as denied its motion, inter alia, for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, *469on the law, with costs, the motion is granted, and the complaint is dismissed.

The injured plaintiff, Selma Acheson (hereinafter the injured plaintiff), allegedly tripped and fell on a defect in a roadway located in the City of Mount Vernon. The…