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SMITH v. WILERDAM PROPERTY, INC.

50 A.D.3d 1349 (2008)

857 N.Y.S.2d 742

JUDITH SMITH et al., Appellants, v. WILERDAM PROPERTY, INC., Doing Business as ROTTERDAM SQUARE MALL, Respondent.

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

Decided April 17, 2008.

Malone Jr., J.

On October 14, 2003, plaintiff Judith Smith fell and injured herself while walking on a sidewalk in front of an entrance to the Rotterdam Square Mall in the Town of Rotterdam, Schenectady County. The fall occurred when she twisted her foot on a crack between two sidewalk slabs of differing heights. Thereafter, Smith and her husband, derivatively, commenced this negligence action against defendant, the owner of the mall. Following joinder of issue, defendant...

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