BERENHOLZ v. CARLOS LOPEZ


21 A.D.3d 977 (2005)

802 N.Y.S.2d 697

MANYA BERENHOLZ et al., Respondents, v. CARLOS LOPEZ et al., Appellants.

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

September 19, 2005.


Ordered that the order is affirmed, with costs.

The injured plaintiff tripped over wooden planking which had been placed over the area between the curb abutting the roadway and the sidewalk abutting the defendants' property. The defendants moved for summary judgment dismissing the complaint. The Supreme Court denied the motion. We affirm.

The defendants failed to make a prima facie showing of entitlement to judgment as a matter of law (see Alvarez v. Prospect...

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