Berenholz v. Lopez

In an action to recover damages for personal injuries, etc., the defendants appeal from an order *978of the Supreme Court, Nassau County (McCarty, J.), dated November 4, 2004, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The injured plaintiff tripped over wooden planking which had been placed over the area between the curb abutting the roadway and the sidewalk abutting the defendants’ property. The defendants moved for summary judgment dismissing the complaint. The Supreme Court denied the motion. We affirm.

The defendants…