FINNEGAN v. PETER

CA 11-01194.

2011 NY Slip Op 09735

TAMMY FINNEGAN, PLAINTIFF-APPELLANT, v. THE PETER, SR. & MARY L. LIBERATORE FAMILY LIMITED PARTNERSHIP, PETER A. LIBERATORE, PETER LIBERATORE, SR., LINCOLN SQUARE, LINCOLN SQUARE APARTMENTS AND JOHN DOE, WHOSE IDENTITY IS PRESENTLY UNKNOWN, DEFENDANTS-RESPONDENTS.

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

Decided December 30, 2011.


Attorney(s) appearing for the Case

CELLINO & BARNES, P.C., BUFFALO ( MICHAEL J. COOPER OF COUNSEL), FOR PLAINTIFF-APPELLANT.

COHEN & LOMBARDO, P.C., BUFFALO ( JAMES J. NASH OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

PRESENT: SCUDDER, P.J., CENTRA, CARNI, LINDLEY, AND MARTOCHE, JJ.


It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained when she fell while exiting her townhouse at defendants' apartment complex. A trial was conducted, following which the jury found that defendants were negligent in their maintenance of the premises but that such negligence was not a substantial factor in bringing about plaintiff's injuries...

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