MORRISSEY v. TORINO


305 A.D.2d 561 (2003)

759 N.Y.S.2d 381

CARMELLA MORRISSEY et al., Appellants, v. MARILYN M. TORINO, Respondent, et al., Defendant.

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

Decided May 19, 2003.


Ordered that the order is affirmed, with costs.

The injured plaintiff, Carmella Morrissey, allegedly slipped and fell on the walkway of property owned by the defendant Marilyn M. Torino. The injured plaintiff stated in a deposition that prior to her fall she observed "little balls" that had fallen from a tree and were scattered about the walkway.

In support of her motion for summary judgment, Torino established her entitlement to judgment as a matter of law...

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