RATTERAY v. COMPUTER US CORP.


280 A.D.2d 459 (2001)

720 N.Y.S.2d 372

JEANNE RATTERAY, Appellant, v. COMPUTER US CORP., Respondent.

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

Decided February 5, 2001.


Ordered that the order and judgment is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The plaintiff allegedly tripped on a raised part of a public sidewalk between the curb cut and driveway adjacent to the retail premises occupied by the defendant. The Supreme Court granted the defendant's motion for summary judgment, finding that the plaintiff's evidence was speculative and failed to raise an issue of fact sufficient to deny...

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