WILSON v. TIME WARNER CABLE, INC.


6 A.D.3d 801 (2004)

774 N.Y.S.2d 584

DIANE WILSON, Respondent, v. TIME WARNER CABLE, INC., Appellant.

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

April 1, 2004.


Cardona, P.J.

Plaintiff contends that she fell on September 3, 1998 and sustained injuries while exiting defendant's business premises after her "foot came down on the very uneven part of the crack" of defendant's sidewalk. Plaintiff, who visited the location monthly to pay her cable bill, did "not recall having noticed the drop in the sidewalk" and, in any event, the alleged drop in sidewalk elevation was "less obvious coming out than going in." She commenced this...

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