Martin v. Brooks
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Mercure, J.
Appeal from a judgment of the Supreme Court (Castellino, J.), entered March 16, 1999 in Chemung County, which dismissed the complaint against defendant Tom Brooks for plaintiffs’ failure to comply with a conditional order of preclusion.
Plaintiffs commenced this action in June 1996 seeking to recover for injuries sustained by plaintiff Susan Martin (hereinafter plaintiff) when she fell on a roadway in a trailer park. Plaintiffs’ claim of liability against defendant Tom Brooks (hereinafter defendant) is based upon his alleged negligent maintenance of the roadway. Together with his…
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