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SMITH v. SPORTS PHYSICAL THERAPY OF NEW YORK, P.C.

6 A.D.3d 605 (2004)

774 N.Y.S.2d 789

KATHLEEN SMITH et al., Appellants, v. SPORTS PHYSICAL THERAPY OF NEW YORK, P.C., et al., Respondents, et al., Defendant.

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

April 19, 2004.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the respondents' motion for summary judgment dismissing the complaint insofar as asserted against them. The respondents established their entitlement to judgment as a matter of law by demonstrating that no dangerous condition existed at the time of the injured plaintiff's accident, and that the presence of sand on the subject stair on which the injured plaintiff fell was too trivial...

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