ASARO v. MONTALVO


26 A.D.3d 306 (2006)

812 N.Y.S.2d 558

LEONARDA ASARO, Appellant, v. MARIA MONTALVO et al., Respondents.

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

February 7, 2006.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The plaintiff commenced this action to recover damages for personal injuries she allegedly sustained when she fell while descending an interior staircase at the defendants' home.

The defendants acknowledged that the segment of the staircase where the plaintiff fell did not have a handrail, and they did not establish, as a matter of law, that the...

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