RIVERA v. AMERICO


9 A.D.3d 356 (2004)

780 N.Y.S.2d 27

EMETERIO RIVERA, Appellant, v. KATHY AMERICO et al., Respondents.

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

July 6, 2004.


Ordered that the judgment is reversed, on the law, the complaint is reinstated, and a new trial is granted, with costs to abide the event.

The plaintiff and his companion lived in an apartment in a house owned by the defendants in Peekskill. To gain access to the apartment, the plaintiff had "to go up a driveway going through the backyard and go up a flight of steps [on the] back deck." This stairway had three steps and no railing. On April 17, 2000, the plaintiff...

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