Miehl v. Blue Ridge Homeowners Ass'n

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Cohalan, J.), entered June 3, 2003, which, upon an order of the same court dated April 10, 2003, granting the defendant’s motion for summary judgment dismissing the complaint, dismissed the complaint.

Ordered that the judgment is reversed, on the law, with costs, the order dated April 10, 2003, is vacated, the motion is denied, and the complaint is reinstated.

The infant plaintiff was injured when she tripped and fell over a crack in the pavement of a parking…