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AMOS v. SCHOOL 16 ASSOCIATES, L.P.

781 CA 20-00017.

189 A.D.3d 2100 (2020)

134 N.Y.S.3d 854

2020 NY Slip Op 07764

Anna L. Amos, Respondent, v. School 16 Associates, L.P., Appellant.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

WALSH, ROBERTS & GRACE LLP, BUFFALO ( KEITH N. BOND OF COUNSEL), FOR DEFENDANT-APPELLANT.

CELLINO & BARNES, P.C., BUFFALO ( GREGORY V. PAJAK OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., NeMoyer, Curran, Troutman and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking to recover damages for injuries she allegedly sustained when she tripped and fell on a crack in the sidewalk adjacent to property owned by defendant. As relevant to this appeal, defendant moved for summary judgment dismissing the complaint on the ground that the defect was trivial...

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