CURRAN v. ESPOSITO


308 A.D.2d 428 (2003)

764 N.Y.S.2d 209

YVETTE CURRAN, Respondent, v. HEDY ESPOSITO, Appellant.

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

Decided September 8, 2003.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff allegedly was injured when she tripped and fell down the interior staircase of the defendant's home. In her complaint and bill of particulars, the plaintiff alleged that her fall was caused by, among other things, inadequate lighting and a tear in the carpeting on the staircase. The plaintiff's deposition testimony, however, plainly reveals...

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