PATRICK v. GRIMALDI

514263.

100 A.D.3d 1320 (2012)

954 N.Y.S.2d 698

2012 NY Slip Op 8207

PAULETTE A. PATRICK, Appellant, v. A.J. BERNARDO GRIMALDI et al., Business as P.M.E.V. SERVICE, Respondents.

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

November 29, 2012.


Egan Jr., J.

In September 2007, plaintiff, who had resided in the same apartment in the Town of Sydney, Delaware County for approximately 14 years, went into the attic to retrieve some seasonal decorations. The attic was accessible only via a set of stairs located inside of plaintiff's apartment and, according to plaintiff, only a portion of the attic had an actual floor. After collecting the desired items, plaintiff turned to start back down the stairs and, in the...

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