Colonna v. Allen

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Richmond County (Gigante, J.), dated February 1, 2006, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff claims to have tripped on the end of a metal pipe embedded in a public sidewalk directly in front of the defendant’s residence. As evidenced by photographs of the location of her fall, the cracked and exposed end of the pipe was located on the curb side of a damaged sidewalk. On the opposite side of *518…