MARINO v. PARISH OF TRINITY CHURCH

1192.

67 A.D.3d 500 (2009)

888 N.Y.S.2d 49

2009 NY Slip Op 08152

SHIRLEY MARINO, Also Known as WENDY MARINO, Respondent, v. PARISH OF TRINITY CHURCH, Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided November 12, 2009.


Plaintiff allegedly tripped and fell on a metal protrusion, 1.5 to four inches high and approximately three inches in circumference, located on the sidewalk on Leroy Street abutting the north side of the premises owned by Trinity at 435 Hudson Street. Although Trinity had a loading dock nearby, plaintiff was unclear as to whether the sidewalk protrusion was right in front of the driveway or just near the driveway that led to the loading dock.

Under the law in effect...

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