NAPOLI v. MENICUCCI


299 A.D.2d 466 (2002)

752 N.Y.S.2d 675

LORETTA NAPOLI, Appellant, v. RUDOLPH MENICUCCI et al., Respondents.

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

Decided November 18, 2002.


Ordered that the order is affirmed, with costs.

The plaintiff, who was moving out of the apartment she rented from the defendants, placed her mattress on the floor of the living room, after a moving company had removed the majority of her other furniture. Before going to sleep that evening, the plaintiff placed her shoes at the foot of the mattress, which was then situated approximately five feet from the edge of a stairwell bordered by a handrailing with no vertical...

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