BERNARDO v. 444 ROUTE 111, LLC

2010-04124.

83 A.D.3d 753 (2011)

921 N.Y.S.2d 274

MARYANN BERNARDO, Respondent, v. 444 ROUTE 111, LLC, Appellant.

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

Decided April 12, 2011.


Ordered that the order is affirmed, with costs.

The plaintiff tripped and fell at her workplace, allegedly after stepping into a depression in the floor that was approximately 1½ inches deep. The plaintiff commenced this action against the owner of the building. The defendant moved for summary judgment dismissing the complaint, and the Supreme Court denied the motion.

"In a trip and fall case, a plaintiff's inability to identify the cause of his or her...

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