DiNapoli v. Huntington Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover *360damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Oliver, J.), entered January 7, 2002, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff Rachel DiNapoli fell while walking on a visibly worn-out footpath located next to a slightly elevated, brightly-painted curb. The defendant established its entitlement to summary judgment by submitting photographs acknowledged by the plaintiffs as accurately reflecting the…
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