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CICERO v. SELDEN ASSOCIATES

295 A.D.2d 391 (2002)

743 N.Y.S.2d 551

MARY CICERO, Appellant, v. SELDEN ASSOCIATES, Defendant, and FLEET BANK, Respondent.

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

Decided June 10, 2002.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when she tripped and fell over a sewer cap embedded in a parking lot owned by the defendant Fleet Bank. Photographs taken 18 days after the plaintiff's fall revealed a clearly visible disc measuring over two feet in diameter situated out in the open and slightly elevated from the surface of the parking lot. The plaintiff testified at her deposition that she observed the sewer cap before...

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