GONZALEZ v. DIAZ


292 A.D.2d 169 (2002)

739 N.Y.S.2d 359

GERARD GONZALEZ, Appellant, v. DORIS DIAZ, Respondent.

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

Decided March 5, 2002.


Plaintiff sustained an injury when, volunteering to help clean up after a barbeque at defendant's house by carrying a wooden bench from the patio towards the front of the house, he fell over the ledge of the patio and stepped into a "crack coming from the drain." Even if, as the jury apparently found, unsafe conditions on the property itself were exacerbated by dim lighting around the patio, plaintiff did admit that he had observed children trip over the crack several hours...

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