TESAK v. MARINE MIDLAND BANK


254 A.D.2d 717 (1998)

678 N.Y.S.2d 226

Marilyn E. Tesak, Respondent, v. Marine Midland Bank, N.A., Appellant, et al., Defendant

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

October 2, 1998


Order unanimously affirmed with costs.

Memorandum:

Marine Midland Bank, N.A. (defendant), appeals from an order denying its motion for summary judgment dismissing the complaint, which alleges, inter alia, that defendant is liable in negligence for an alleged defect in the sidewalk outside the bank where plaintiff fell. Defendant contends that, as a matter of law, it cannot be held liable for an alleged defect consisting of a difference in elevation...

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