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FRAGUARDA v. M&M OF BRUCKNER

5 Misc.3d 45 (2004)

784 N.Y.S.2d 274

ROSA FRAGUARDA, Respondent, v. M&M OF BRUCKNER, INC., et al., Appellants.

Supreme Court, Appellate Term, First Department.

September 16, 2004.

Attorney(s) appearing for the Case

Fixler & Associates, LLP, Elmsford (Paul F. Lagattuta, III, of counsel), for appellants.

Sonin & Genis, Bronx (Robert J. Genis of counsel), for respondent.

McCOOE, J.P., DAVIS and GANGEL-JACOB, JJ.

OPINION OF THE COURT

Per Curiam.

Order entered April 18, 2003 reversed, with $10 costs, motion granted and complaint dismissed. The clerk is directed to enter judgment accordingly.

The negligence action seeks damages for personal injuries allegedly sustained by plaintiff when, on the morning of November 21, 1996, she tripped and fell on the curb adjoining the sidewalk between the entrance of the defendants' then newly-constructed store premises and...

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