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DELAURENTIS v. MARX REALTY & IMPROVEMENT

300 A.D.2d 343 (2002)

752 N.Y.S.2d 349

IDA DELAURENTIS et al., Appellants, v. MARX REALTY & IMPROVEMENT et al., Respondents. (Action No. 1.) IDA DELAURENTIS et al., Appellants, v. BROOK SHOPPING CENTERS, INC., Respondent. (Action No. 2.)

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

Decided December 9, 2002.

Ordered that the order and judgment is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff Ida DeLaurentis allegedly sustained injuries on July 29, 1998, at about 1:30 P.M., when she fell while descending a hill on an unpaved, dirt pathway. The plaintiff elected to use the dirt pathway despite the fact that a paved stairway was available nearby. At her deposition, the plaintiff...

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