Quinones v. Caballero

OPINION OF THE COURT

Lucy Billings, J.

I. Introduction

Plaintiffs sue to recover damages for personal injuries and loss of services suffered January 5, 2003, when plaintiff Quinones, then 10 years old, fell on a snow covered sidewalk abutting premises owned by defendants. Defendant Eliza Mills, Leonard Mills now being deceased, moves, and the Caballero defendants cross-move, for summary judgment dismissing the complaint on the grounds of undisputed facts supplied by plaintiff Quinones’s own deposition testimony. (CPLR 3212 [b].) In sum, when plaintiff Quinones was injured, snow still was falling…