DINAPOLI v. HUNTINGTON HOSPITAL


303 A.D.2d 359 (2003)

755 N.Y.S.2d 655

RACHEL DINAPOLI et al., Appellants, v. HUNTINGTON HOSPITAL, Respondent.

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

Decided March 3, 2003.


Ordered that the order is affirmed, with costs.

The plaintiff Rachel DiNapoli fell while walking on a visibly worn-out footpath located next to a slightly elevated, brightly-painted curb. The defendant established its entitlement to summary judgment by submitting photographs acknowledged by the plaintiffs as accurately reflecting the condition of the footpath and the curb at the time of the accident. These photographs indicated that the alleged defect, if any, which...

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