BROWN v. KONCZESKI


242 A.D.2d 847 (1997)

661 N.Y.S.2d 891

Charles Brown, Appellant, v. John Konczeski, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 18, 1997


Carpinello, J.

This action was commenced in August 1993 to recover damages for personal injuries allegedly sustained by plaintiff when he fell off defendant's porch. Plaintiff died intestate in March 1995. In January 1996, defendant moved for summary judgment dismissing the complaint on the ground that he had no actual or constructive notice of any defective condition. Despite Supreme Court's order that a party be substituted for plaintiff by June 3,...

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