DARMINIO v. SPOSATO


57 A.D.2d 883 (1977)

John Darminio, Appellant, v. Frank Sposato, Doing Business as Castle View Caterers, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 16, 1977


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

Plaintiff, a musician, was a member of a band engaged to play at a club operated by defendant. The platform on which the band performed was eight feet long, six feet wide and three feet high. It was rectangular, except that its two front corners were cut off at angles. There was no guardrail around the edges; the premises were dimly lit. When plaintiff's turn came to sing, he stepped...

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