BERR v. GRANT

3735, 154360/14.

149 A.D.3d 536 (2017)

2017 NY Slip Op 02923

52 N.Y.S.3d 352

MICHAEL BERR, Respondent, v. RON GRANT et al., Appellants.

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

Decided April 18, 2017.


Plaintiff rented a house with a back deck containing a pool and hot tub from defendants. He testified that, while hosting a party on the deck, he sustained injuries when he was walking on a narrow brick passageway between the swimming pool and hot tub, and slipped and fell into the tub.

In support of their motion, defendants failed to submit admissible evidence sufficient to demonstrate that the configuration of the deck, pool and hot tub was code compliant. Their...

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