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JAKLITSCH v. KELLY

2019-00159, Index No. 600983/17.

176 A.D.3d 792 (2019)

110 N.Y.S.3d 438

2019 NY Slip Op 07242

Jacqueline Jaklitsch, Respondent, v. Kenneth Kelly et al., Appellants.

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

Decided October 9, 2019.

Attorney(s) appearing for the Case

Ahmuty, Demers & McManus, Albertson, NY ( Nicholas M. Cardascia and Glenn A. Kaminska of counsel), for appellants.

Rubenstein & Rynecki, Brooklyn, NY ( Harper A. Smith of counsel), for respondent.

Chambers, J.P., Maltese, Duffy and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when she fell in the defendants' backyard after her foot became stuck in a gap between the grass and the top step of a staircase. She fell forward, and then rolled down a hill. The plaintiff commenced this action against the defendants, and the defendants moved for summary judgment dismissing the complaint. The Supreme Court denied the defendants' motion, and the defendants appeal...

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