HOGAN v. BAKER


29 A.D.3d 740 (2006)

815 N.Y.S.2d 245

DEAN M. HOGAN, Respondent, v. JEANNIE BAKER, Appellant.

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

May 16, 2006.


Ordered that the order is affirmed, with costs.

The plaintiff's decedent was walking on the defendant's unpaved driveway when one of the rocks in the driveway caused her to fall. The defendant allegedly placed rocks in the driveway several years before the accident, to serve as the base of the driveway before it was paved, but never paved the driveway.

The defendant failed to establish her prima facie entitlement to summary judgment since she did not show...

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