CUMMINS v. MIDDAUGH

322 CA 21-01082.

207 A.D.3d 1133 (2022)

172 N.Y.S.3d 268

2022 NY Slip Op 04453

Robert Cummins, Respondent-Appellant, v. Richard Middaugh, Appellant-Respondent.

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

Decided July 8, 2022.


Attorney(s) appearing for the Case

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( JILL L. YONKERS OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.

LAW OFFICE OF ROBERT D. BERKUN, LLC, BUFFALO ( MICHAEL C. LANCER OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

Present— Centra, J.P., Peradotto, Lindley, Curran and Bannister, JJ.


It is hereby ordered that said cross appeal from the order insofar as it granted that part of the motion to preclude the introduction of certain photographs at trial is unanimously dismissed and the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries that he allegedly sustained when he slipped and fell "due to an unreasonable accumulation of moss, algae and/or other flora" on an exterior ramp at an apartment building...

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