Mauriello v. Port Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Edward H. Lehner, J.), entered November 26, 2002, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.
After picking up his suitcase at the baggage claim area at LaGuardia Airport on a Saturday afternoon, plaintiff tripped over a metal track about 10 inches high that was installed in the floor. The track is designed to hold luggage carts for rental by passengers and was under the operation and control of defendant Smarte Carte…
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