LAMORTE v. IADEVAIA

2019-14065. Index No. 609059/17.

195 A.D.3d 1008 (2021)

146 N.Y.S.3d 825

2021 NY Slip Op 04126

Neil Lamorte, Respondent, v. Rocco Iadevaia, Appellant, et al., Defendants.

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

Decided June 30, 2021.


Attorney(s) appearing for the Case

Abamont & Associates (Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale, NY [ Kathleen D. Foley ], of counsel), for appellant.

Reynolds, Caronia, Gianelli & LaPinta, P.C., Hauppauge, NY ( Christopher J. Purcell and Christopher B. Abbott of counsel), for respondent.

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


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendant Rocco Iadevaia for summary judgment dismissing the complaint insofar as asserted against him is granted.

On June 5, 2016, the plaintiff allegedly sustained personal injuries when he tripped over a metal object embedded in a grass strip situated between the curb and the sidewalk abutting real property owned by the defendant Rocco Iadevaia (hereinafter...

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