Appellate Division of the Supreme Court of New York, 1986

Foley v. Liogys

Foley v. Liogys
Appellate Division of the Supreme Court of New York · Decided November 10, 1986
124 A.D.2d 641; 507 N.Y.S.2d 836; 1986 N.Y. App. Div. LEXIS 61942
Foley v. Liogys

Opinion 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.