MAURO v. ROSEDALE ENTEPRISES


60 A.D.3d 401 (2009)

873 N.Y.S.2d 627

REGIANY MAURO et al., Respondents, v. ROSEDALE ENTERPRISES et al., Appellants.

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

Decided March 3, 2009.


On an October evening in 2005, plaintiff Regiany Mauro sustained injuries in a Burger King parking lot. She was in the process of removing her son from the rear seat of the family vehicle when she stepped backward over a concrete curb, onto a grassy area she believed to be higher than it was. She lost her balance and fell, fracturing her foot.

Defendants established prima facie entitlement to summary relief by demonstrating that the condition of the curb and of the...

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