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BALDASANO v. LONG ISLAND UNIVERSITY

2015-06140, Index No. 600497/11.

143 A.D.3d 933 (2016)

2016 NY Slip Op 06995

40 N.Y.S.3d 175

ANN BALDASANO et al., Appellants, v. LONG ISLAND UNIVERSITY et al., Respondents.

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

Decided October 26, 2016.

Ordered that the order is affirmed, with costs.

On May 21, 2008, the plaintiff Ann Baldasano (hereinafter the injured plaintiff) allegedly tripped and fell due to a height differential between two concrete slabs on a sidewalk on the defendants' premises. The injured plaintiff, and her husband suing derivatively, commenced this action against the defendants. The defendants moved for summary judgment dismissing the complaint, contending that the alleged defect at issue...

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