Mogan v. Dame Russell Physical Therapy, PLLC

Appeal from an order of the Supreme Court (Ferradino, J.), entered May 14, 2014 in Saratoga County, which granted defendants’ motion for summary judgment dismissing the complaint.

In 2011, physical therapy was recommended for three-year-old Mia Khazin (hereinafter the child) to address her habit of walking on her toes rather than using a normal heel-to-toe gait. She obtained the therapy at a facility owned and/or operated by defendants, and was injured when she tripped and fell there. Plaintiff, the child’s mother, commenced this action alleging, among other things, that defendants were…