NICOTERRA v. CLIFFORD


11 A.D.3d 942 (2004)

784 N.Y.S.2d 756

DAVID NICOTERRA, Appellant, v. SCOTT ERIC CLIFFORD et al., Respondents.

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

October 1, 2004.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law with costs, the motion is denied, the complaint is reinstated and a new trial is granted.

Memorandum:

Plaintiff commenced this premises liability action seeking damages for injuries that he allegedly sustained when he slipped and fell on ice outside a tavern. A jury trial was held, and defendants moved to dismiss at the close of plaintiff's proof...

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