MURPHY v. KENDIG


295 A.D.2d 946 (2002)

744 N.Y.S.2d 593

HELEN MURPHY, Appellant, v. BENTON KENDIG et al., Defendants and Third-Party Plaintiffs-Respondents. OSCAR'S PENFIELD GRILL, INC., et al., Third-Party Defendants-Respondents. (Appeal No. 1.)

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

Decided June 14, 2002.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, defendants' motion is denied in part, the common-law negligence cause of action is reinstated and a new trial is granted on the common-law negligence cause of action only.

Memorandum:

Plaintiff commenced this action seeking damages for injuries that she sustained when she fell down a flight of stairs leading to the basement of a...

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