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ECHAVARRIA v. CROMWELL ASSOCS.

232 A.D.2d 347 (1996)

648 N.Y.S.2d 600

Marianella Echavarria et al., Respondents, v. Cromwell Associates et al., Appellants

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

October 31, 1996

The trial court properly directed a verdict in plaintiffs' favor on the issue of defendants' negligent maintenance of the steps on which the injured plaintiff fell, based on defense counsel's admissions of negligence during his opening statement, which were not refuted by the evidence presented at trial, and were "fatal" and "ruinous" to any defense on this issue (De Vito v Katsch, 157 A.D.2d 413, 416, 418). Plaintiff's attorney...

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