Fraguarda v. M&M of Bruckner, Inc.

OPINION OF THE COURT

Order entered April 18, 2003 reversed, with $10 costs, motion granted and complaint dismissed. The clerk is directed to enter judgment accordingly.

The negligence action seeks damages for personal injuries allegedly sustained by plaintiff when, on the morning of November 21,1996, she tripped and fell on the curb adjoining the sidewalk between the entrance of the defendants’ then newly-constructed store premises and the store parking lot. In her supplemental bill of particulars submitted in December of 1998, plaintiff alleged the sole cause of her fall to be a “crack and/or…