MANSFIELD v. DOLCEMASCOLO


34 A.D.3d 763 (2006)

826 N.Y.S.2d 115

NICHOLAS MANSFIELD, Respondent, v. SALVADOR DOLCEMASCOLO et al., Appellants. (And a Third-Party Action.)

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

Decided November 28, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was for summary judgment dismissing the complaint is granted.

This matter arises from the plaintiff's fall in a stairway on premises owned by the defendants and operated as a bar and restaurant by the third-party defendant, U Bar, LLC. The stairway was accessible through an opening in the floor behind...

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