TROUTMAN v. 957 NASSAU ROAD, LLC


70 A.D.3d 672 (2010)

895 N.Y.S.2d 444

ROSALYN TROUTMAN et al., Appellants, v. 957 NASSAU ROAD, LLC, et al., Respondents.

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

Decided February 2, 2010.


Ordered that the judgment is reversed, on the law, on the facts, and in the exercise of discretion, with costs, the complaint is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for a new trial on the issue of liability, and a trial on the issue of damages, if warranted.

At trial, the plaintiffs presented evidence that their decedent, who died after sustaining a severe head injury in a fall, slipped and fell on a patch of ice located upon...

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