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OSTUNI v. EAST ROCKAWAY VILL. TAVERN, INC.

238 A.D.2d 558 (1997)

657 N.Y.S.2d 954

Paschal Ostuni et al., Respondents, v. East Rockaway Village Tavern, Inc., Sued Herein as East River Tavern, Inc., Appellant, et al., Defendant

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

April 28, 1997

Ordered that the order is affirmed insofar as appealed from, with costs.

While the plaintiff Paschal Ostuni was ascending a staircase from the basement level to the first floor of the East Rockaway Village Tavern, the staircase collapsed, causing Ostuni to fall and to sustain severe injuries.

The Supreme Court properly denied the motion of the defendant East Rockaway Village Tavern, Inc., sued herein as East River Tavern, Inc. (hereinafter the Tavern), for...

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