MONCZYK v. NOAM

2019-11968. Index No. 34307/17.

193 A.D.3d 923 (2021)

142 N.Y.S.3d 428

2021 NY Slip Op 02385

Yehoshua Monczyk, Appellant, v. Yeshiva Darchei Noam, Respondent. (And a Third-Party Action.).

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

Decided April 21, 2021.


Attorney(s) appearing for the Case

Neimark & Neimark LLP, New City, NY ( Ira H. Lapp of counsel), for appellant.

Molod Spitz & DeSantis, P.C., New York, NY ( Marcy Sonneborn and Salvatore J. DeSantis of counsel), for respondent.

Mastro, A.P.J., Rivera, Brathwaite Nelson and Christopher, JJ., concur.


Ordered that the order is affirmed, with costs.

The plaintiff commenced this action against the defendant to recover damages for personal injuries that he allegedly sustained when he stepped on a pile of wood chips, lost his balance, and fell on an exterior pathway on the defendant's premises. The defendant moved for summary judgment dismissing the complaint, contending that it maintained its premises in a reasonably safe condition. The Supreme Court granted the motion...

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