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O'BRIEN v. ASPHALT GREEN, INC.

2019-06184. Index No. 12847/14.

193 A.D.3d 1061 (2021)

147 N.Y.S.3d 114

2021 NY Slip Op 02534

Feely O'Brien, Respondent, v. Asphalt Green, Inc., Appellant.

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

Decided April 28, 2021.

Attorney(s) appearing for the Case

Rutherford & Christie, LLP, New York, NY ( Michael C. Becker of counsel), for appellant.

Pazer, Epstein, Jaffe & Fein, P.C., New York, NY ( Matthew J. Fein of counsel), for respondent.

Hinds-Radix, J.P., LaSalle, Barros and Connolly, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff, who was a swimming official, allegedly was injured when she slipped and fell on a wet condition on the pool deck at an indoor swimming facility located in Manhattan, which was operated by the defendant, Asphalt Green, Inc. The plaintiff commenced this action against the defendant to recover damages for personal injuries allegedly sustained when she fell. The defendant moved for summary judgment dismissing...

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