DeForte v. Greenwood Cemetery

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Lewis, J), dated September 21, 2012, which denied its motion for summary judgment dismissing the complaint.

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

The plaintiff Salvatore DeForte (hereinafter the injured plaintiff) allegedly sustained personal injuries when he fell on the defendant’s premises. The injured plaintiff, and his wife suing derivatively, commenced this…