Legal Opinion

Martyniak v. Charleston Enterprises, LLC

Appellate Division of the Supreme Court of the State of New York

Decided June 4, 2014Published

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Richmond County (McMahon, J.), entered March 26, 2013, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

On April 22, 2011, the plaintiff Virginia Martyniak (hereinafter the injured plaintiff) allegedly sustained personal injuries when she tripped and fell over a piece of metal protruding from the sidewalk in front of a Target store located in Staten Island. After the injured plaintiff, and her husband suing…

2Cases cited8 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Trincere v. County of SuffolkNew York Court of Appeals · 1997
  4. Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
  5. Aguayo v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010

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