CROOMS v. SAUER BROS. INC.


48 A.D.3d 380 (2008)

853 N.Y.S.2d 29

JAMES CROOMS, Appellant, v. SAUER BROS. INC., Respondent.

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

Decided February 28, 2008.


In 2002, plaintiff, an unemployed former transit worker on disability, allegedly fell in the backyard of his building, owned by defendant, when he stepped into a hole, lost his balance, and struck his ankle on a rock the size of a bowling ball. He suffered a fracture of the fifth metatarsal bone on his left foot, and developed a deep vein thrombosis from the cast that was applied. After hospitalization for a week, he wore a cam-walker for another two months. Plaintiff alleges...

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