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MILLER v. MICHAELS

56 A.D.3d 626 (2008)

JOHN MILLER et al., Appellants, v. MIKE MICHAELS, Respondent.

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

November 18, 2008.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

The plaintiff John Miller (hereinafter Miller) allegedly sustained injuries when he had one foot on a retaining wall made of railroad ties and the other on the ground, and a piece of the railroad tie broke off, causing him to fall. The retaining wall was on property owned by the...

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