Joseph v. Pitkin Carpet, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered on or about June 27, 2006, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.
At approximately 7:00 a.m. on December 15, 2003, plaintiff slipped and fell on the sidewalk abutting defendant’s premises. At her deposition, plaintiff testified that the accident occurred *463when one (or both) of her feet slipped on a portion of the sidewalk that was partially…
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