Foley v. Liogys
This text of 124 A.D.2d 641 (Foley v. Liogys) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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Cite This Page — Counsel Stack
124 A.D.2d 641, 507 N.Y.S.2d 836, 1986 N.Y. App. Div. LEXIS 61942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foley-v-liogys-nyappdiv-1986.