Smith v. Wilerdam Property, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMalone Jr., J.
Appeal from an order of the Supreme Court (Reilly, Jr., J.), entered November 29, 2006 in Schenectady County, which granted defendant’s motion for summary judgment dismissing the complaint.
On October 14, 2003, plaintiff Judith Smith fell and injured herself while walking on a sidewalk in front of an entrance to the Rotterdam Square Mall in the Town of Rotterdam, Schenectady County. The fall occurred when she twisted her foot on a crack between two sidewalk slabs of differing heights. Thereafter, Smith and her husband, derivatively, commenced this negligence action against defendant, the owner…
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