KUZNIK-DeFRANCO v. CUSHMAN & WAKEFIELD, INC.

200.1 CA 20-00365.

195 A.D.3d 1405 (2021)

145 N.Y.S.3d 493

2021 NY Slip Op 03691

Dawn Kuznik-DeFranco, Respondent, v. Cushman & Wakefield, Inc., Appellant, et al., Defendants.

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

Decided June 11, 2021.


Attorney(s) appearing for the Case

FELDMAN KIEFFER, LLP, BUFFALO ( ADAM C. FERRANDINO OF COUNSEL), FOR DEFENDANT-APPELLANT.

COLLINS & COLLINS ATTORNEYS, LLC, BUFFALO ( ETHAN W. COLLINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present— Whalen, P.J., Centra, Peradotto, Lindley and Troutman, JJ.


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

Memorandum: In this premises liability action, defendant-appellant (defendant) appeals from an order that denied its motion for summary judgment dismissing the amended complaint against it. Contrary to defendant's contention, it failed to establish that the alleged defect that caused plaintiff to fall was trivial as a matter of law (see generally Hutchinson v Sheridan Hill...

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