MELIA v. 50 COURT STREET ASSOC.

2016-05839. Index No. 507654/14.

153 A.D.3d 703 (2017)

2017 NY Slip Op 06176

60 N.Y.S.3d 331

JOHN F. MELIA, Respondent, v. 50 COURT STREET ASSOCIATES et al., Appellants.

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

Decided August 16, 2017.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

The plaintiff commenced this action due to injuries he contends he sustained when he tripped and fell on a sidewalk abutting a store located at 50 Court Street in Brooklyn. According to the plaintiff's deposition testimony, the caulk between two sidewalk slabs was missing and there was a gap which was approximately one inch...

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