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METICHECCHIA v. PALMERI

23 A.D.3d 894 (2005)

803 N.Y.S.2d 813

ARMAND METICHECCHIA et al., Respondents, v. FRANK PALMERI, Appellant, et al., Defendants.

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

November 17, 2005.

Crew III, J.

On February 16, 2004, plaintiff Armand Metichecchia, a Verizon employee making a service call, entered the front door of premises owned by defendant Frank Palmeri in the Town of Hurley, Ulster County, and fell through an opening in the floor that led to the basement. A trap door, which ordinarily covered the opening, had been left in the raised position.

Consequently, Metichecchia and his wife, derivatively...

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