MARIE CHERRY v. DAYTOP VILLAGE, INC.


41 A.D.3d 130 (2007)

837 N.Y.S.2d 109

ANN MARIE CHERRY, Appellant, v. DAYTOP VILLAGE, INC., Respondent.

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

Decided June 5, 2007.


After parking her car on defendant's roadway, plaintiff stepped out of her car, fell and was injured. Supreme Court granted defendant's motion for summary judgment dismissing the complaint, finding that plaintiff as a matter of law could not establish what caused her to fall. Plaintiff testified that after she fell she saw cracks on the roadway, but did not see them immediately prior to her fall. Based upon this testimony, Supreme Court concluded that plaintiff could not...

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