MARTYNIAK v. CHARLESTON ENTERS., LLC

2013-04662, Index No. 103437/11.

118 A.D.3d 679 (2014)

987 N.Y.S.2d 413

2014 NY Slip Op 3988

VIRGINIA MARTYNIAK et al., Respondents, v. CHARLESTON ENTERPRISES, LLC, et al., Appellants.

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

Decided June 4, 2014.


Ordered that the order is affirmed, with costs.

On April 22, 2011, the plaintiff Virginia Martyniak (hereinafter the injured plaintiff) allegedly sustained personal injuries when she tripped and fell over a piece of metal protruding from the sidewalk in front of a Target store located in Staten Island. After the injured plaintiff, and her husband suing derivatively, commenced this action, the defendants moved for summary judgment dismissing the complaint, contending...

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