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McCARTHY v. CITY OF WHITE PLAINS

54 A.D.3d 828 (2008)

863 N.Y.S.2d 500

MARY McCARTHY, Respondent, v. CITY OF WHITE PLAINS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 16, 2008.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

While walking on the sidewalk in front of 187 Martine Avenue in the City of White Plains on May 10, 2005, the plaintiff allegedly tripped and fell as a result of missing brickwork surrounding a tree. After the plaintiff commenced this action and discovery was conducted, the City moved for summary judgment dismissing the complaint...

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