KALLAND v. HUNGRY HARBOR ASSOCIATES, LLC

2010-11028.

84 A.D.3d 889 (2011)

922 N.Y.S.2d 550

JOHN KALLAND, Respondent, v. HUNGRY HARBOR ASSOCIATES, LLC, et al., Appellants.

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

Decided May 10, 2011.


Ordered that the order is affirmed, with costs.

While walking in the defendants' parking lot, the plaintiff, a flower delivery person, allegedly tripped over a curb and stumbled 30 to 35 feet before cracks in the pavement, loose debris, and pebbles near a storm drain caused him to fall to the ground. The defendants moved for summary judgment dismissing the complaint on the issue of proximate cause. The plaintiff opposed the motion, arguing that there were two proximate...

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