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MAHLER v. NORTH SHORE CAMP, LLC

2015-09508, Index No. 600380/15.

145 A.D.3d 678 (2016)

2016 NY Slip Op 08204

44 N.Y.S.3d 61

ROSLYN MAHLER, Respondent, v. NORTH SHORE CAMP, LLC, Appellant.

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

Decided December 7, 2016.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly tripped and fell on a defect in the street abutting the defendant's premises. She commenced this action to recover damages for personal injuries against the defendant. The defendant moved pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action, and the plaintiff cross-moved pursuant to CPLR 3025 (b) to amend the complaint. The Supreme Court denied the defendant...

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