WITTMAN v. NESPOLA

2018-12225. Index No. 513746/17.

190 A.D.3d 1012 (2021)

136 N.Y.S.3d 885

2021 NY Slip Op 00454

Linda Wittman, Appellant, v. Christine Nespola, Respondent.

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

Decided January 27, 2021.


Attorney(s) appearing for the Case

Baron Associates, P.C. (Pollack Pollack Isaac & DeCicco, New York, NY [ Brian J. Isaac , Michael H. Zhu , and Greg Freedman ], of counsel), for appellant.

Law Offices of Correia, King, McGinnis & Liferiedge, New York, NY ( Nigeria S. Aljure of counsel), for respondent.

Dillon, J.P., Hinds-Radix, Barros and Wooten, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

The plaintiff allegedly sustained personal injuries when she tripped and fell over a twig on the sidewalk abutting the multifamily dwelling in Brooklyn in which she rented an apartment. The plaintiff commenced this action against the defendant, the owner of the subject property, to recover damages for personal injuries, alleging...

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