Miserendino v. City of Mount Vernon

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered April 12, 2011, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The injured plaintiff allegedly sustained injuries when she tripped and fell on a fire hose used by the defendant Fire Department of the City of Mount Vernon (hereinafter the Fire Department), to combat a fire in her apartment building. The injured plaintiff and her husband, suing…