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MACRI v. SMITH

23 A.D.3d 971 (2005)

804 N.Y.S.2d 474

JEANETTE MACRI, Individually and as Administrator of the Estate of JOHN J. MACRI, Deceased, Appellant, v. JEFFREY SMITH, Also Known as JEFFREY R. SMITH, et al., Respondents.

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

November 23, 2005.

Peters, J.

Plaintiff and her now deceased husband, derivatively, commenced this negligence action against defendants, owners and operators of a tavern located in the City of Albany, due to the injuries she sustained when she tripped and fell down an interior stairway in the tavern. In January 2005, a jury rendered a verdict in favor of defendants and plaintiff unsuccessfully moved to set aside the verdict (see CPLR 4404 [a]). This appeal ensued.

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