VIZZINI v. STATE OF NEW YORK


278 A.D.2d 562 (2000)

717 N.Y.S.2d 415

MARYLS K. VIZZINI, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided December 7, 2000.


Mugglin, J.

Claimant, intending to purchase a cup of coffee from a deli on the east side of State Route 9W in the Town of Marlborough, Ulster County, parked on the west side of the road. After crossing the highway, she was injured when she fell as a result of either slipping or losing her balance when, with her right foot, she stepped on the steep slope of a shallow asphalt culvert. As she fell, her face struck a storm drain grate to her right.

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