Tesak v. Marine Midland Bank, N.A.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed with costs. Memorandum: Marine Midland Bank, N.A. (defendant), appeals from an order denying its motion for summary judgment dismissing the complaint, which alleges, inter alia, that defendant is liable in negligence for an alleged defect in the sidewalk outside the bank where plaintiff fell. Defendant contends that, as a matter of law, it cannot be held liable for an alleged defect consisting of a difference in elevation of less than one inch between adjacent slabs of the sidewalk.
Supreme Court properly denied defendant’s motion. Whether a particular height…
2Cases cited7 opinions
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- Guerrieri v. SummaAppellate Division of the Supreme Court of the State of New York · 1993
- Young v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Mascaro v. StateNew York Court of Appeals · 1976
- Mascaro v. StateAppellate Division of the Supreme Court of the State of New York · 1974
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