Ordered that the order is affirmed, with costs.
The plaintiff Justin Mercurio (hereinafter the injured plaintiff), and his wife suing derivatively, commenced this action against the defendant, inter alia, to recover damages for injuries he allegedly sustained when he rolled his ankle while walking on a brick path on the defendant's property in East Hampton. The defendant moved for summary judgment dismissing the complaint on the ground, inter alia, that the injured...
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