CARTUCCIO v. KCMC TRUST


280 A.D.2d 831 (2001)

720 N.Y.S.2d 286

ELLEN L. CARTUCCIO, Appellant, v. KCMC TRUST, Respondent.

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

Decided February 8, 2001.


Peters, J.

Plaintiff resided in a home, leased from defendant, where she attached a hammock to a utility pole in the backyard. In June 1997, she decided to remove what she believed to be two loose bolts on either end of a cross arm positioned on such pole. To accomplish this task, she utilized defendant's ladder and, after successfully removing both bolts, fell as she was descending. Suffering injuries to her left arm, she commenced this action alleging that the negligent...

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