Brumm v. St. Paul's Evangelical Lutheran Church
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGarry, J.
Appeal from an order of the Supreme Court (R. Sise, J.), entered September 18, 2015 in Saratoga County, which denied defendant’s motion for summary judgment dismissing the complaint.
In March 2012, plaintiff tripped and fell on a sidewalk adjacent to property owned by defendant in the City of Saratoga Springs, Saratoga County. She commenced this negligence action asserting that her fall was caused by a deteriorated portion of the sidewalk. * Following discovery, defendant moved for summary judgment dismissing the complaint, arguing, as pertinent here, that the sidewalk defect was too trivial…
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