Colombo v. Sanfilippo

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Hinds Radix, J.), dated May 29, 2008, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is granted.

In October 2003 the plaintiffs then-81-year-old mother (hereinafter the decedent) allegedly tripped and fell on a walkway at the defendants’ house. The decedent died of an unrelated cause in August 2005. At no time…