BILINSKI v. BANK OF RICHMONDVILLE


12 A.D.3d 911 (2004)

784 N.Y.S.2d 708

EDWARD BILINSKI, Appellant, v. BANK OF RICHMONDVILLE, Respondent.

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

November 18, 2004.


Mercure, J.

In 1998, the then 77-year-old plaintiff, a regular customer of defendant, suffered personal injuries after he stepped off the sidewalk as he was moving out of the way of another customer, tripped and fell on an asphalt curb marking the intersection of a shrubbery bed and defendant's parking lot. Plaintiff commenced this action, claiming that through its negligence, defendant created a dangerous and defective condition, thereby causing plaintiff's accident...

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