CHILLEMI v. NATIONAL BIRCHWOOD CORP.


16 A.D.3d 612 (2005)

792 N.Y.S.2d 551

SYLVIA FRANCES CHILLEMI, Appellant, v. NATIONAL BIRCHWOOD CORP. et al., Respondents.

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

March 28, 2005.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly was injured when she tripped and fell on a small, concrete step in front of a model home in a condominium complex owned by the defendants. She alleged that a defect existed because the step's edge was chipped, and the shadow cast from the roof line on the step/walkway area created the illusion that the step and walkway were one level.

Although the issue of whether...

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