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Kuller v. Potashner

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 2000
268 A.D.2d 563 (N.Y. App. Div. 2000)

Opinion

Submitted December 14, 1999

January 31, 2000

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Rappaport, J.), dated November 24, 1998, which denied their motion for summary judgment dismissing the complaint.

Moore Associates, New York, N.Y. (James Feehan of counsel), for appellants.

Melvin B. Berfond, New York, N.Y. (Michael Konopka of counsel), for respondent.

DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is reversed, on the law, without costs or disbursements, the motion is granted, and the complaint is dismissed.

After the defendants established their prima facie entitlement to summary judgment, the plaintiff failed to raise a triable issue of fact as to whether any repairs made by the defendants to the subject sidewalk caused or contributed to her trip and fall (see generally, Capobianco v. Mari, Jr., 267 A.D.2d 191 [2d Dept., Dec. 6, 1999]; see, Witte v. Incorporated Vil. of Port Washington, 114 A.D.2d 359 ).

RITTER, J.P., FRIEDMANN, FEUERSTEIN, and SMITH, JJ., concur.


Summaries of

Kuller v. Potashner

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 2000
268 A.D.2d 563 (N.Y. App. Div. 2000)
Case details for

Kuller v. Potashner

Case Details

Full title:ANNE B. KULLER, respondent, v. AARON POTASHNER, et al., appellants

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

Date published: Jan 31, 2000

Citations

268 A.D.2d 563 (N.Y. App. Div. 2000)
702 N.Y.S.2d 560

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