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FERGUSON v. MANTELL

216 A.D.2d 160 (1995)

628 N.Y.S.2d 286

Richard E. Ferguson et al., Respondents, v. Robert Mantell et al., Appellants

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

June 22, 1995

In light of the questions concerning whether defendant/landlord was in possession and/or control of the instant premises and had a duty to repair and maintain the metal sidewalk grate above her basement, summary judgment was appropriately denied. At trial, the evidence supported the jury verdict that defendant was 100% liable for plaintiff's injuries when he fell through the grate. Indeed, defendant had a key to open the grate to...

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