KAREL v. PIZZORUSSO

2022-02249. Index No. 53329/20.

215 A.D.3d 738 (2023)

186 N.Y.S.3d 671

2023 NY Slip Op 01890

Herb Karel, Appellant, v. Mary Ann Pizzorusso, Respondent.

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

Decided April 12, 2023.


Attorney(s) appearing for the Case

Cusano Smith PLLC ( Gary A. Cusano and Marie R. Hodukavich , Peekskill, NY, of counsel), for appellant.

Barclay Damon LLP, Albany, NY ( David M. Cost and Amanda Miller of counsel), for respondent.

Duffy, J.P., Chambers, Christopher and Zayas, JJ., concur.


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Linda S. Jamieson, J.), dated February 1, 2022. The order granted the defendant's motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

The plaintiff allegedly was injured while descending...

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