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ENNIS-SHORT v. OSTAPECK

506693

68 A.D.3d 1399 (2009)

2009 NY Slip Op 9344

890 N.Y.S.2d 215

BETSY G. ENNIS-SHORT et al., Respondents, v. AIDA OSTAPECK, Individually and Doing Business as AIDA'S PLACE, Appellant.

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

Decided December 17, 2009.

Kane, J.

Plaintiff Betsy G. Ennis-Short was injured when she fell down a "winder" staircase in a building owned by defendant. After plaintiffs commenced this negligence action and filed a note of issue, defendant moved for summary judgment dismissing the complaint. Supreme Court denied the motion, prompting defendant's appeal.

Because triable issues of fact exist, Supreme Court properly denied defendant's motion...

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