STEPKOWSKI v. HOLY TRINITY DIOCESAN HIGH SCHOOL

2017-08329. Index No. 6604/15.

169 A.D.3d 739 (2019)

91 N.Y.S.3d 887

2019 NY Slip Op 00924

Doris Stepkowski, Appellant, v. Holy Trinity Diocesan High School et al., Respondents.

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

Decided February 6, 2019.


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

The plaintiff alleges that on the evening of December 16, 2014, while walking on a roadway located on premises owned and/or controlled by the defendants, she tripped and fell due to a cracked, crumbled, and uneven section of asphalt surrounding a sewer grate. The plaintiff commenced this action against...

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