CAPUTO v. SPINDLER

2017-02839, Index No. 101852/13.

162 A.D.3d 841 (2018)

75 N.Y.S.3d 257

2018 NY Slip Op 04524

Joseph Caputo, Appellant, v. Michael Spindler, Respondent.

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

Decided June 20, 2018.


Ordered that the order is affirmed, with costs.

On August 20, 2013, the plaintiff, who was the defendant's guest inside a house owned by the defendant, fell down a staircase that led to the basement. The staircase was located behind a closed door. The plaintiff alleged that when he opened that door, he thought that he was entering a bathroom, and he fell down the staircase before he could locate the light switch on the wall of the staircase.

The plaintiff...

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