SHOHET v. SHAAYA


43 A.D.3d 816 (2007)

844 N.Y.S.2d 317

YARDENA SHOHET et al., Appellants, v. YOUSSEF SHAAYA, Respondent. (And a Third-Party Action.)

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

Decided September 4, 2007.


Ordered that the order is affirmed, with costs.

The plaintiff Yardena Shohet (hereinafter the plaintiff) allegedly sustained personal injuries when she tripped and fell on an area of the defendant's driveway. At her deposition, the plaintiff testified that the accident occurred on the "edge" of the street. She stated that the cause of her accident was that "the earth... was not good" and the "place is wrong." She later indicated that there was "[l]ike a hole." The...

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