CRUZ v. DENO'S WONDER WHEEL PARK


297 A.D.2d 653 (2002)

747 N.Y.S.2d 242

LORNA CRUZ, Appellant, v. DENO'S WONDER WHEEL PARK et al., Respondents.

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

Decided September 16, 2002.


Ordered that the order is affirmed, with costs.

The defendants' motion for summary judgment was properly granted. On June 20, 1997, the plaintiff was injured when she allegedly tripped and fell on uneven pavement while walking on the grounds of the defendant Deno's Wonder Wheel Park (hereinafter Deno's). Photographs taken by the plaintiff on the day of the incident reveal a readily apparent, but shallow, depression in the pavement which, according to the general manager...

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