Kaparos v. Diner

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Gerges, J.), dated September 9, 1998, which granted the defendant’s motion for summary judg*606ment dismissing the complaint pursuant to CPLR 3212 (b) and denied the plaintiffs cross motion, inter alia, to compel additional discovery.

Ordered that the order is affirmed, with costs.

The plaintiff was allegedly injured when he tripped and fell on an uneven surface outside of the defendant diner. Considering all the facts and circumstances of this case, including the…