STOPPELI v. YACENDA

2009-05448.

78 A.D.3d 815 (2010)

911 N.Y.S.2d 119

RICHARD STOPPELI et al., Appellants, v. DONNA YACENDA, Respondent.

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

Decided November 9, 2010.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

The plaintiff Richard Stoppeli (hereinafter the plaintiff) went to the defendant's residence to remove construction debris from her backyard. He allegedly sustained personal injuries as a result of striking his head on a header, or beam, in the defendant's den, which was approximately six feet from the floor. The plaintiff...

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