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MARTIN v. WILSON MEMORIAL HOSPITAL, INC.

2 A.D.3d 938 (2003)

767 N.Y.S.2d 675

JO ANN MARTIN et al., Appellants, v. WILSON MEMORIAL HOSPITAL, INC., Respondent.

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

December 4, 2003.

Mercure, J.P.

Plaintiff Jo Ann Martin (hereinafter plaintiff) and her husband, derivatively, seek to recover for injuries to plaintiff's back and right leg sustained when she allegedly tripped and fell upon a deteriorated portion of the sidewalk abutting defendant's property. Following joinder of issue, defendant moved for summary judgment. Supreme Court granted defendant's motion and dismissed the complaint, concluding,...

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