Chojnacki v. Old Westbury Gardens, Inc.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Bruno, J.), dated February 17, 2015, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is denied.

While walking down a brick walkway in a garden owned by the defendant, the plaintiff allegedly tripped and fell over a raised brick. The plaintiff subsequently commenced this action against the defendant to…