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FRANKLIN v. LEARN

605 CA 20-01589.

197 A.D.3d 982 (2021)

153 N.Y.S.3d 364

2021 NY Slip Op 04866

Gary Franklin, Appellant, v. Eric A. Learn et al., Respondents.

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

Decided August 26, 2021.

Attorney(s) appearing for the Case

MAGAVERN MAGAVERN GRIMM LLP, BUFFALO ( EDWARD J. MARKARIAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

HAGELIN SPENCER LLC, BUFFALO ( RICHARD J. PORTER OF COUNSEL), FOR DEFENDANT-RESPONDENT ERIC A. LEARN.

BOUVIER LAW LLP, BUFFALO ( PAUL F. HAMMOND OF COUNSEL), FOR DEFENDANT-RESPONDENT VILLAGE OF FRANKLINVILLE.

Present—Centra, J.P., NeMoyer, Troutman, Winslow and Bannister, JJ.

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

Memorandum: Plaintiff commenced this action seeking damages for injuries that he sustained when he tripped and fell on an uneven sidewalk abutting the property of Eric A. Learn (defendant), located in defendant Village of Franklinville (Village). Plaintiff now appeals from an order that granted the motion of defendant and the cross motion of the Village for summary judgment...

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