DIVIETRO v. GOULD PALISADES CORP.


4 A.D.3d 324 (2004)

771 N.Y.S.2d 527

TONI-JEAN DIVIETRO et al., Appellants, v. GOULD PALISADES CORP. et al., Respondents. (And a Third-Party Action.)

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

February 2, 2004.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, those branches of the motions which were for summary judgment dismissing the complaint insofar as asserted against the defendants are denied, and the complaint is reinstated.

The injured plaintiff alleged that she slipped and fell on a rock or gravel as she stepped from a stairway onto a walkway that was under construction. The...

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