SCHATZ v. HERCO, INC.


272 A.D.2d 536 (2000)

708 N.Y.S.2d 435

RUTH SCHATZ, Respondent, v. HERCO, INC., Appellant.

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

Decided May 22, 2000.


Ordered that the order is affirmed, with costs.

The plaintiff tripped and fell while at an amusement park owned by the defendant in Hershey, Pennsylvania. The alleged defective condition that caused her to trip was a difference in elevation where a concrete walk adjoined an asphalt walk, which ranged from ½" to 1½", for a length of approximately 30 inches. The defendant moved for summary judgment on the ground, inter alia, that under Pennsylvania...

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