EARLY v. HILTON HOTELS CORPORATION

1991, 113419/06

73 A.D.3d 559 (2010)

904 N.Y.S.2d 367

ELIZABETH EARLY et al., Respondents, v. HILTON HOTELS CORPORATION, Individually and Doing Business as WALDORF ASTORIA HOTEL, et al., Appellants.

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

Decided May 18, 2010.


Plaintiff Elizabeth Early allegedly tripped and fell on a plastic strap while traversing the sidewalk adjacent to the loading dock of defendants' premises. Plaintiffs allege that defendants were negligent in the maintenance of the sidewalk abutting their property and that this negligence caused the accident.

Defendants moved for summary judgment and the motion court denied the motion solely on the ground that questions of fact regarding whether defendants created...

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