SMITH v. MALONEY

512750.

91 A.D.3d 1259 (2012)

936 N.Y.S.2d 791

2012 NY Slip Op 454

KATHLEEN P. SMITH, Appellant, v. PAULINE MALONEY, Respondent.

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

Decided January 26, 2012.


MALONE Jr., J.

On a rainy day in August 2008, after attending church services together, plaintiff drove defendant home and waited in the driveway for defendant to enter the house safely. When defendant called to plaintiff from her doorway to say that her electricity was not working, plaintiff grabbed her umbrella, exited her vehicle and proceeded toward the house to investigate the problem. Plaintiff allegedly tripped and fell on a walkway that was adjacent to, and...

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