APOLITO v. FROSDICK


236 A.D.2d 895 (1997)

654 N.Y.S.2d 700

Marie Apolito, Appellant, v. Mary Frosdick, Respondent

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

February 7, 1997


Order unanimously affirmed without costs.

Memorandum:

City Court properly granted defendant's motion for dismissal at the conclusion of plaintiff's case, and County Court properly affirmed the judgment. Plaintiff tripped and fell while walking along a sidewalk in front of defendant's residence. She alleged that she was caused to fall by a difference in the height of the sidewalk concrete at the point where the sidewalk crosses defendant's driveway. Plaintiff...

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