GRESO v. NICHTER CONSTRUCTION CO., INC.


267 A.D.2d 1074 (1999)

700 N.Y.S.2d 348

PAUL T. GRESO et al., Respondents, v. NICHTER CONSTRUCTION CO., INC., et al., Defendants, and CIMINELLI-COWPER CO., INC., Appellant.

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

Decided December 30, 1999.


Order insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint against defendant Ciminelli-Cowper Co., Inc. dismissed.

Memorandum:

Plaintiffs commenced this action to recover damages for injuries sustained by Paul T. Greso (plaintiff) when he fell down a permanent stairway. At the time of his fall, plaintiff was carrying a bolt of wall-covering up the stairway. Supreme Court erred in denying that part of the motion...

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