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Buono v. City of New York
Citations: 240 A.D.2d 689; 660 N.Y.S.2d 984; 1997 N.Y. App. Div. LEXIS 7142
Court: Appellate Division of the Supreme Court of the State of New York; June 30, 1997; New York; State Appellate Court
Cipico Construction, Inc. appeals a decision from the Supreme Court, Kings County, which denied its motion for summary judgment to dismiss a personal injury complaint against it. The appellate court reverses this part of the order, granting Cipico's motion and dismissing the complaint against it, while severing the action against the remaining defendant. The court finds that the height differential in the brick sidewalk where the plaintiff tripped was too minor to constitute actionable negligence against the construction company, referencing precedents that support this conclusion. The decision was unanimous among the judges.