NAPOLI v. DI MARCO

3309, 300634/14.

148 A.D.3d 423 (2017)

2017 NY Slip Op 01633

48 N.Y.S.3d 401

JOSEPHINE NAPOLI, Appellant, v. LUCIA DI MARCO, Also Known as LUCY DI MARCO, Respondent.

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

Decided March 2, 2017.


Summary judgment was properly granted in this action where plaintiff was injured when she tripped and fell on the sidewalk in front of defendant's home. Defendant, as a single family homeowner, could only be liable for the alleged half-inch height differential where the two sidewalk flagstones met in front of her house if she created or exacerbated the alleged hazardous condition (see Coogan v City of New York, 73 A.D.3d 613 [1st...

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