FALLON v. DUFFY

513557.

95 A.D.3d 1416 (2012)

943 N.Y.S.2d 289

2012 NY Slip Op 3501

TRACY FALLON et al., Appellants, v. THOMAS DUFFY et al., Respondents.

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

Decided May 3, 2012.


STEIN, J.

Plaintiff Tracy Fallon (hereinafter plaintiff) and her husband, derivatively, commenced this action to recover damages for personal injuries sustained by plaintiff when she slipped and fell while exiting defendants' residence after attending a party there. Just prior to her exiting, it had begun to rain and plaintiff—who was wearing "demi boots" with three-inch stiletto heels—alleged that the surface of the landing was very slippery. Following...

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