MANNING v. 6638 18TH AVENUE REALTY CORP.


28 A.D.3d 434 (2006)

814 N.Y.S.2d 178

CARMELLA MANNING, Respondent, v. 6638 18TH AVENUE REALTY CORP., Defendant and Third-Party Plaintiff-Appellant. T & E STORES, INC., Third-Party Defendant-Respondent.

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

April 4, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the complaint is granted, the complaint is dismissed, and the motion is otherwise denied as academic.

The plaintiff, an employee of the third-party defendant, allegedly sustained personal injuries when she tripped and fell on a staircase at her place of employment. The complaint alleges that "the plaintiff was caused...

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