MAIELLO v. EASTCHESTER UNION FREE SCHOOL DISTRICT


8 A.D.3d 536 (2004)

778 N.Y.S.2d 716

LOUISE MAIELLO et al., Respondents, v. EASTCHESTER UNION FREE SCHOOL DISTRICT, Appellant.

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

June 21, 2004.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

On November 6, 2001, the plaintiff Louise Maiello tripped and fell when her shoe allegedly became caught in a seam in the front walkway of the Anne Hutchinson Elementary School in Eastchester.

The defendant met its burden of establishing entitlement to judgment as a matter of law by submitting photographs revealing that the alleged defect, which...

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