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McNALLY v. SABBAN

32 A.D.3d 340 (2006)

820 N.Y.S.2d 260

THOMAS F. McNALLY, as Guardian Ad Litem for THOMAS J. McNALLY, Respondent, v. YITZCHAK SABBAN et al., Appellants.

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

August 24, 2006.

In this slip-and-fall action, plaintiff Thomas J. McNally was injured when he apparently fell down the common stairway of a multifamily residential building owned by defendants. Plaintiff is a tenant in the building. On the morning of June 14, 2002, he was found lying unconscious at the foot of the stairs. It is uncontested that plaintiff was highly intoxicated when he fell.

Plaintiff commenced the suit against defendants...

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