GUNTHER v. MUSCHIO


40 A.D.3d 1030 (2007)

837 N.Y.S.2d 283

BARBARA A. GUNTHER et al., Appellants, v. MARYBETH MUSCHIO et al., Respondents.

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

Decided May 29, 2007.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendants' motion is denied, the verdict is reinstated, and the matter is remitted to the Supreme Court, Westchester County, for a trial on the issue of damages.

While attending a barbecue at the defendants' home on August 3, 2002, the plaintiff Barbara A. Gunther (hereinafter the injured plaintiff), tripped and fell as she descended several steps leading from the back porch...

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