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GERVASI v. BLAGOJEVIC

2016-11448. Index No. 9823/14.

158 A.D.3d 613 (2018)

70 N.Y.S.3d 585

2018 NY Slip Op 00823

DIANE GERVASI, Individually and as Guardian for the Person and Property of FRANK GERVASI, Appellant, v. SLOBODAN BLAGOJEVIC, Respondent.

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

Decided February 7, 2018.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

On January 5, 2014, at about 9:30 a.m., Frank Gervasi allegedly slipped and fell on ice on a sidewalk abutting the defendant's property in Middle Village, Queens. After the fall, Frank Gervasi had no recollection of the incident due to his injuries, and his wife, Diane Gervasi,...

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