TORNABENE v. GLORIOSO


110 A.D.2d 631 (1985)

Stella Tornabene, Respondent, v. Lena Glorioso, Appellant

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

April 1, 1985


Interlocutory judgment reversed, on the facts, and new trial granted, with costs to abide the event.

Upon examining all of the proof adduced at the trial, including the incredible testimony of plaintiff's son that he could not photograph the dangerous condition of the steps within hours after the accident because the condition, created by an extremely prolonged period of neglect, had been remedied within those few hours, we find that the verdict was contrary to the...

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