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KROSS v. WILKE

275 A.D.2d 965 (2000)

715 N.Y.S.2d 188

NORMA J. KROSS, Respondent, v. JAMES H. WILKE, Appellant.

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

Decided September 29, 2000.

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied defendant's motion for summary judgment dismissing the complaint. Plaintiff seeks damages for injuries that she sustained when defendant lost his balance on an escalator and fell backward against her. Defendant failed to meet his initial burden of establishing as a matter of law that he was not negligent (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320

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