SOKOLOVSKAYA v. ZEMNOVITSCH

2010-04882.

89 A.D.3d 918 (2011)

933 N.Y.S.2d 90

2011 NY Slip Op 8342

DEBORA SOKOLOVSKAYA, Appellant, v. NATALIA ZEMNOVITSCH, Doing Business as PARADISE II RESORT and Another, et al., Respondents.

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

Decided November 15, 2011.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when she tripped and fell on a partially raised floor plank at a resort owned by the defendants. The defendants moved for summary judgment dismissing the complaint on the grounds that the alleged defect was trivial as a matter of law and, in any event, that they lacked notice of it. In support of their motion, the defendants submitted, inter alia, the deposition testimony of their...

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