Wolcott v. Forgnone
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendants’ motion for summary judgment dismissing the complaint. Plaintiff commenced this action to recover damages for injuries that she sustained when she fell on the front steps of the apartment building where she resided. In support of their motion, defendants submitted excerpts of plaintiff’s deposition indicating that plaintiff fell when her left foot became caught in a “divot” on the second step. Even assuming that the alleged defect is trivial, we conclude that defendants did not establish their…
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- Gigliotti v. St. Stanislaus Kostka Roman Catholic ChurchAppellate Division of the Supreme Court of the State of New York · 1999
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