STEWART v. HERALALL

2012-08495, Index No. 17943/08.

116 A.D.3d 760 (2014)

984 N.Y.S.2d 81

2014 NY Slip Op 2424

MICHAEL STEWART, Appellant, v. SUDKEO HERALALL et al., Respondents.

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

Decided April 9, 2014.


Ordered that the judgment is reversed, on the law, with costs, the defendants' motion pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Kings County, for a new trial.

The plaintiff allegedly tripped and fell when he stepped from the defendants' driveway onto outdoor carpeting located next to their driveway, sustaining personal injuries. The plaintiff...

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