MONTEFUSCO v. MAIN ST. L.I., LLC

2018-03160. Index No. 7267/14.

190 A.D.3d 727 (2021)

135 N.Y.S.3d 873

2021 NY Slip Op 00167

Susan Montefusco et al., Respondents, v. Main Street L.I., LLC, Appellant.

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

Decided January 13, 2021.


Attorney(s) appearing for the Case

Farrell Fritz, P.C., Uniondale, NY ( James M. Wicks and Franklin C. McRoberts of counsel), for appellant.

Tinari, O'Connell & Osborn, LLP, Central Islip, NY ( Frank A. Tinari of counsel), for respondents.

Dillon, J.P., Barros, Connolly and Christopher, JJ., concur.


Ordered that the judgment is affirmed insofar as appealed from, with costs.

The plaintiff Susan Montefusco (hereinafter the injured plaintiff) was injured when she tripped and fell after stepping in a hole in a grassy median between a sidewalk and a parking lot in an apartment complex owned by the defendant. The injured plaintiff, and her husband suing derivatively, commenced this action against the defendant, inter alia, to recover damages for personal injuries....

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