McCABE v. AVALON BAY COMMUNITIES, INC.

10287. 156813/16.

177 A.D.3d 487 (2019)

114 N.Y.S.3d 51

2019 NY Slip Op 08350

Lynn McCabe, Appellant, v. Avalon Bay Communities, Inc., et al., Respondents.

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

Decided November 19, 2019.


Plaintiff was allegedly injured when she fell forward onto her face and shoulder after tripping on a raised sidewalk flag. In describing the accident, plaintiff testified at her deposition that the tip of her sneaker hit the raised sidewalk like "a brick wall" and "went into the little gap." However, in response to defense counsel's question, she agreed that her "foot" did not go "down inside the gap." In her affidavit opposition to the motion for summary judgment, plaintiff...

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