GROSS v. GROSS

32, 22304/12

135 A.D.3d 636 (2016)

24 N.Y.S.3d 265

2016 NY Slip Op 00578

SHELDON GROSS, Appellant, v. KENNETH GROSS et al., Respondents.

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

Decided January 28, 2016.


Plaintiff, while visiting defendants, his brother and sister-in-law, mistakenly opened a door to the basement, rather than the door to the bathroom, and fell down a flight of steps leading to the basement. It is undisputed that plaintiff had been to defendants' home at least 10 times during the 45 years that they had owned it, and had previously used the bathroom there.

As landowners, defendants had both a broad duty to maintain their home in reasonably safe condition...

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