Diaz v. Vieni
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (M. Garson, J.), dated May 8, 2002, which denied her motion for summary judgment dismissing the complaint. Justice Goldstein has been substituted for the late Justice O’Brien (see 22 NYCRR 670.1 [c]).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The infant plaintiff Elena Diaz was injured when she allegedly tripped and fell on the sidewalk adjacent to premises owned by the defendant. At the time…
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