Legal Opinion
Gerardi v. Verizon New York, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 27, 2009PublishedCited by 14 opinions
1Opinion of the Court
*961In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Balter, J.), dated January 28, 2009, 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.
The plaintiffs decedent allegedly was injured on June 2, 2004, when he stumbled and fell because of a defect in a public sidewalk near a pay telephone, which had been installed in 1976 by New York Telephone Company, the…
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