MUSTAFAJ v. MACRI

2017-03456, Index No. 59533/15.

162 A.D.3d 891 (2018)

78 N.Y.S.3d 423

2018 NY Slip Op 04554

Mone Mustafaj, Appellant, v. Rosario Macri et al., Respondents.

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

Decided June 20, 2018.


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

The plaintiff allegedly was injured in the backyard of residential premises owned by the defendants when a chair she was sitting in fell over. The chair allegedly fell over because, when the plaintiff sat down, the chair sank into a hole in the lawn that was concealed by grass. The plaintiff commenced

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