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PALMINTERI v. MASSAPEQUA SHOPPING ASSOCIATES

Appellate Division of the Supreme Court of New York, Second Department.
Aug 9, 1999

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiff Frieda Palminteri was allegedly injured when she tripped and fell on a small hole in the parking lot of a shopping center in Massapequa. Considering all the facts and circumstances of this case, including the dimensions and characteristics of the alleged defect, the Supreme Court properly granted the defendants' separate motions for summary judgment dismissing the complaint insofar as asserted against them ( see, Trincere v. County of Suffolk, 90 N.Y.2d 976; Schechter v. City of New York, 248 A.D.2d 372; Marinaccio v. LeChambord Rest., 246 A.D.2d 514; Perrotta v. Jamal, 245 A.D.2d 357).

The plaintiffs' remaining contentions are without merit.

Ritter, J. P., Thompson, Altman and Friedmann, JJ., concur.