Martin v. Wilson Memorial Hospital, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J.P
Appeal from an order of the Supreme Court (Dowd, J.), entered November 11, 2002 in Chenango County, which granted defendant’s motion for summary judgment dismissing the complaint.
Plaintiff Jo Ann Martin (hereinafter plaintiff) and her husband, derivatively, seek to recover for injuries to plaintiffs *939back and right leg sustained when she allegedly tripped and fell upon a deteriorated portion of the sidewalk abutting defendant’s property. Following joinder of issue, defendant moved for summary judgment. Supreme Court granted defendant’s motion and dismissed the complaint,…
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