Memorandum of Law in Support of Motion for Summary Judgment

[Caption]

MEMORANDUM OF LAW IN SUPPORT OF

MOTION FOR SUMMARY JUDGMENT ON BEHALF OF

DEFENDANTS

PRELIMINARY STATEMENT

This Memorandum of Law is submitted in support of Defendants’, __________ [Names], Motion for Summary Judgment pursuant to CPLR §3212(a) as there are no genuine issues of material fact and the sole issue before this Court involves a question of law.

A review of all the pertinent facts and circumstances, viewed in a light most favorable to the plaintiff, __________ [Name](“Plaintiff”), demonstrates that summary judgment should be granted in favor of the defendants, __________ [Names](“Defendants”).

STATEMENT OF FACTS

On __________ [Date], the Plaintiff alleges that she slipped and fell on the public sidewalk in front of __________ [Name of business] located at __________ [Address], New York, as a result of an alleged dangerous, hazardous condition. Defendant, __________ [Name], owns __________ [Name of business] and leases the premises at __________ [Address] from co-defendant owner __________ [Name].

Plaintiff provided ample testimony during two examinations before trial (“EBT”) regarding this action. At her EBT (§50(h) hearing of the General Municipal Law) of __________ [Date], plaintiff testifies on pages __________ that she fell on the sidewalk in front of __________ [Name of business] located at __________ [Address]. Again at her EBT of __________ [Date], she again testifies unequivocally on pages __________ that she fell on the sidewalk in front of __________ [Name of business] located at __________ [Address]. In neither EBT does the Plaintiff testify that she fell inside the premises or that a substance from inside the premises caused her to fall on the public sidewalk outside in front of the premises. Annexed as Exhibit __ is a copy of the Plaintiff’s deposition transcripts of __________ [Date] and __________ [Date].

PROCEDURAL HISTORY

The Plaintiff commenced this action by service of a Summons and Complaint dated __________ [Date] respectively, which are annexed as Exhibit __.

On or about __________ [Date], Defendant, __________ [Name], served his verified answer with cross-claim to the complaint. On or about __________ [Date], Defendant, __________ [Name], served its verified answer with cross-claim to the complaint. Annexed hereto as Exhibit __ is a copy of these verified answers.

The Plaintiff served a Verified Bill of Particulars dated __________ [Date], which is annexed as Exhibit __.

The...