Fallon v. Duffy

Appeal from an order of the Supreme Court (Work, J.), entered July 6, 2011 in Ulster County, which granted defendants’ motion for summary judgment dismissing the complaint.

Plaintiff Tracy Fallon (hereinafter plaintiff) and her husband, derivatively, commenced this action to recover damages for personal injuries sustained by plaintiff when she slipped and fell while exiting defendants’ residence after attending a party there. Just prior to her exiting, it had begun to rain and’ plaintiff — who was wearing “demi boots” with three-inch stiletto heels — alleged that the surface of the landing was…