Legal Opinion
Foley v. Liogys
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1986PublishedCited by 5 opinions
1Opinion of the Court
Viewed in its most favorable light, the plaintiffs’ proof failed to establish that the defective condition in the sidewalk upon which the plaintiff Joan Foley fell was created by the defendants’ negligent repair work as opposed to the normal elements and passage of time (see, e.g., Mandel v City of New York, 44 NY2d 1004; Kaszovitz v Weiszman, 110 AD2d 117, 121). Therefore, the complaint was properly dismissed. Mollen, P. J., Mangano, Niehoff and Weinstein, JJ., concur.
2Cases cited1 opinion
- Kaszovitz v. WeiszmanAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by5 opinions
- Zizzo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
- Yass v. Deepdale GardensAppellate Division of the Supreme Court of the State of New York · 1992
- Tambaro v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
- Botfeld v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
- Freimor v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007