MAGGIO v. CITIBANK, N.A.


271 A.D.2d 235 (2000)

705 N.Y.S.2d 369

MARY MAGGIO et al., Respondents, v. CITIBANK, N. A., Appellant, et al., Defendants.

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

Decided April 6, 2000.


Evidence adduced on the motion shows that appellant, a bank and owner of the property where plaintiff, a prospective buyer, fell when a porch railing broke, had conducted inspections of the property prior to the accident that resulted in an internal written report noting that the porch needed repair. In addition, plaintiffs' architect's affidavit opined that the "severely rotten" wooden railing was an open and obvious condition that existed for at least a year prior to the...

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