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Summary Judgment Affirmed by the First Department- Trivial Defect
In the case of Florsheim v. Marriott, Gregory Brower filed a motion for summary
judgment in the Supreme Court, New York County, arguing that plaintiff’s trip and fall over an expansion joint of the defendant’s hotel was trivial as a matter of law. Using photographic evidence and undermining the findings of plaintiff’s expert, the lower court agreed and dismissed the case. The First Department affirmed and the Court of Appeals declined taking the case.
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