MAZZA v. OUR LADY OF PERPETUAL HELP ROMAN CATHOLIC CHURCH

2015-03565, Index No. 702469/13.

134 A.D.3d 1073 (2015)

24 N.Y.S.3d 98

2015 NY Slip Op 09657

MARTHA C. MAZZA, Respondent, v. OUR LADY OF PERPETUAL HELP ROMAN CATHOLIC CHURCH et al., Appellants.

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

Decided December 30, 2015.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly tripped and fell on a "cementitious deposit," or cement patch, on a sidewalk abutting the defendants' premises. The plaintiff commenced this action to recover for the injuries she allegedly sustained. The defendants moved for summary judgment dismissing the complaint, contending that the alleged defect was trivial as a matter of law and therefore not actionable and, in any event, that they did...

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