BRACHFIELD v. STERNLICHT

2020-04667. Index No. 520955/17.

202 A.D.3d 742 (2022)

163 N.Y.S.3d 533

2022 NY Slip Op 00841

Leah Brachfield, Respondent, v. Moshe Sternlicht et al., Appellants. (And a Third-Party Action.).

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

Decided February 9, 2022.


Attorney(s) appearing for the Case

Gladstein Keane & Partners, PLLC, New York, NY ( Thomas F. Keane and Anthony J. Spiga of counsel), for appellants.

Jaroslawicz & Jaros PLLC, New York, NY ( David Tolchin of counsel), for respondent.

Dillon, J.P., Connolly, Brathwaite Nelson and Wooten, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action to recover damages for personal injuries, alleging that she tripped and fell on a defect in the sidewalk abutting certain property owned by the defendants (hereinafter the premises). In January 2020, the defendants moved for summary judgment dismissing the complaint, contending that the plaintiff was unable to identify the location of the sidewalk defect and...

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