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ELLMAN v. VILLAGE OF RHINEBECK

41 A.D.3d 635 (2007)

838 N.Y.S.2d 641

SUSAN B. ELLMAN, Appellant, v. VILLAGE OF RHINEBECK, Defendant, and EDITH THOMAS et al., Respondents.

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

Decided June 19, 2007.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

In August 2001 the plaintiff allegedly sustained injuries when she tripped and fell on a cracked sidewalk in front of the defendant United Smoke Shop (hereinafter United), a store in Rhinebeck. She commenced this action against the Village of Rhinebeck, United, and Edith Thomas, the owner of the building in which United was a tenant.

United moved, inter alia, for summary...

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