Deleonardis v. Gaston Paving Co.

Appeal from an order of the Supreme Court (Hughes, J.), entered February 17, 1999 in Albany County, which granted defendant’s motion for summary judgment dismissing the complaint.

In January 1997, plaintiff Kathryn DeLeonardis (hereinafter plaintiff) allegedly sustained personal injuries on an asphalt sidewalk installed by defendant in June 1996 at plaintiffs’ residence when her foot slipped off the edge of the sidewalk onto *840the adjacent lawn, causing her to fall. Plaintiff and her husband, derivatively, commenced this action alleging that the height differential between the sidewalk and lawn…