MIEHL v. BLUE RIDGE HOMEOWNERS ASSOCIATION


6 A.D.3d 676 (2004)

775 N.Y.S.2d 541

LISA MIEHL et al., Appellants, v. BLUE RIDGE HOMEOWNERS ASSOCIATION, Respondent.

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

April 26, 2004.


Ordered that the judgment is reversed, on the law, with costs, the order dated April 10, 2003, is vacated, the motion is denied, and the complaint is reinstated.

The infant plaintiff was injured when she tripped and fell over a crack in the pavement of a parking lot owned by the defendant. The Supreme Court granted the defendant's motion for summary judgment, concluding that the subject defect did not constitute a dangerous condition because it was open and obvious...

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