Smith v. A.B.K. Apartments, Inc.
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, the defendant A.B.K. Apartments, Inc., appeals from an order of the Supreme Court, Queens County (Milano, J.), dated July 20, 2000, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is affirmed, with costs.
The plaintiff tripped over the edge of a four-foot square depression, allegedly 3A to one-inch deep, designed to hold a mat on the floor in the vestibule of the apartment building where he lived. At the time of the incident the mat allegedly had been missing for…
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