DIGRAZIA v. LEMMON


28 A.D.3d 926 (2006)

813 N.Y.S.2d 560

PAUL R. DIGRAZIA et al., Respondents-Appellants, v. NADINE LEMMON, Appellant-Respondent.

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

April 13, 2006.


Rose, J.

On a clear winter morning, plaintiff Paul R. DiGrazia (hereinafter plaintiff) was delivering a five-gallon bottle of water that he had balanced on his shoulder when he fell on walkway steps while crossing defendant's yard. He and his wife, derivatively, commenced this action to recover for his resulting injuries, alleging that ice on the walkway and the absence of a handrail had caused him to slip and fall. Defendant...

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