MACRI v. SMITH


12 A.D.3d 896 (2004)

784 N.Y.S.2d 734

JEANETTE MACRI et al., Respondents, v. JEFFREY SMITH, Also Known as JEFFREY R. SMITH, et al., Appellants.

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

November 18, 2004.


Peters, J.

Plaintiff Jeanette Macri (hereinafter plaintiff) sustained injuries when she fell down a four-step stairway in the interior entranceway to a tavern located in the City of Albany, owned and operated by defendants. Plaintiff and her husband, derivatively, commenced this action alleging negligent maintenance of the stairway. After discovery, defendants unsuccessfully moved for summary judgment, prompting this appeal.

As the proponents of the motion...

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