OATES v. IACOVELLI

510242.

80 A.D.3d 1059 (2011)

915 N.Y.S.2d 711

DENNIS OATES JR., Respondent, v. JAMES IACOVELLI et al., Appellants.

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

Decided January 20, 2011.


MERCURE, J.P.

Plaintiff injured his back while at a home that was leased by a nonparty and owned by defendants. The injury occurred when a deck on which he and 15 other guests had gathered suddenly collapsed. Plaintiff thereafter commenced this action alleging that defendants negligently failed to maintain the deck. Supreme Court denied defendants' motion for summary judgment dismissing the complaint, prompting this appeal.

Defendants assert that Supreme Court...

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