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Diakovasilis v. Bright Sunny Corp. [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
(N.Y. App. Div. Oct. 4, 1999)

Opinion

Argued June 7, 1999

October 4, 1999

DiJoseph, Portegello Schuster, P.C., New York, N.Y. (Arnold E. DiJoseph III and Mitchell Kahn of counsel), for appellants.

Epstein, Hill, Grammatico Gann, Mineola, N.Y. (John M. Denby of counsel), for respondent.

WILLIAM C. THOMPSON, J.P., MYRIAM J. ALTMAN, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Lonschein, J.), entered August 5, 1998, which, upon a jury verdict on the issue of liability finding that the defendant was not at fault in the happening of the accident, dismissed the complaint.

ORDERED that the judgment is affirmed, with costs.

The plaintiffs' contention that the trial court improperly admitted into evidence photographs of the sidewalk without first redacting the alleged dates of processing imprinted on the back is without merit. The photographs were properly authenticated by testimony that they fairly and accurately represented the condition of the sidewalk on the date of the accident (see, Moore v. Leaseway Transp. Corp., 49 N.Y.2d 720).

THOMPSON, J.P., ALTMAN, FEUERSTEIN, and SCHMIDT, JJ., concur.


Summaries of

Diakovasilis v. Bright Sunny Corp. [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
(N.Y. App. Div. Oct. 4, 1999)
Case details for

Diakovasilis v. Bright Sunny Corp. [2d Dept 1999

Case Details

Full title:Irene Diakovasilis, et al., appellants, v. Bright and Sunny Corp.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 4, 1999

Citations

(N.Y. App. Div. Oct. 4, 1999)