LAMARRE v. RENSSELAER COUNTY PLAZA ASSOCIATES


303 A.D.2d 914 (2003)

758 N.Y.S.2d 182

ERNEST A. LAMARRE et al., Appellants, v. RENSSELAER COUNTY PLAZA ASSOCIATES et al., Respondents.

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

Decided March 27, 2003.


Spain, J.

On the morning of December 14, 1998, plaintiff Ernest A. Lamarre (hereinafter plaintiff) exited his vehicle in the parking lot of the Rensselaer County Plaza in the Town of East Greenbush, Rensselaer County, and walked toward the entrance of a bank located in the Plaza. According to plaintiff's deposition testimony, as he stepped up from the parking lot onto the curb adjoining the sidewalk, he lost his balance, started to fall backwards, attempted to correct...

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