CARLSON v. OAK


27 A.D.3d 1154 (2006)

810 N.Y.S.2d 721

CHARLES C. CARLSON, Individually and as Executor of ANN CARLSON, Deceased, et al., Respondents, v. A. DOUGLAS OAK et al., Appellants.

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

March 17, 2006.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this action alleging that decedent fell down a stairwell at defendants' summer residence and died as a result of injuries sustained in the fall. Supreme Court properly denied defendants' motion for summary judgment dismissing the second amended complaint. Even assuming, arguendo, that defendants met their initial...

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