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Medland v. Third Avenue Cosmetics, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 2005
14 A.D.3d 432 (N.Y. App. Div. 2005)

Opinion

4895

January 25, 2005.

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered September 30, 2003, which granted defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Before: Tom, J.P., Saxe, Friedman, Nardelli and Sweeny, JJ.


The evidence is insufficient to raise any triable issue as to whether plaintiff's injury was proximately caused by the alleged sidewalk defect retrospectively identified by plaintiff, and while there is evidence that plaintiff's fall and ensuing injury were attributable to the circumstance that his ankles became entangled in plastic packing material, there is no evidence that defendants were responsible for the presence of those materials on the sidewalk abutting their premises.


Summaries of

Medland v. Third Avenue Cosmetics, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 2005
14 A.D.3d 432 (N.Y. App. Div. 2005)
Case details for

Medland v. Third Avenue Cosmetics, Inc.

Case Details

Full title:CLIVE MEDLAND et al., Appellants, v. THIRD AVENUE COSMETICS, INC., et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 25, 2005

Citations

14 A.D.3d 432 (N.Y. App. Div. 2005)
787 N.Y.S.2d 871