BONGIOVANNI v. ECKHARDT

2018-05058, Index No. 2743/12.

176 A.D.3d 1157 (2019)

112 N.Y.S.3d 256

2019 NY Slip Op 07761

Diane Bongiovanni, Appellant, et al., Plaintiff, v. Margaret Eckhardt, Respondent.

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

Decided October 30, 2019.


Attorney(s) appearing for the Case

Gruenberg Kelly Della, Ronkonkoma, NY ( Zachary M. Beriloff of counsel), for appellant.

Saretsky Katz & Dranoff, LLP, New York, NY ( Eric Dranoff of counsel), for respondent.

Rivera, J.P., Austin, Duffy and Brathwaite Nelson, JJ., concur.


Ordered that the judgment is affirmed, with costs.

The plaintiff Diane Bongiovanni (hereinafter the plaintiff) allegedly was injured when, as a tenant on the defendant's premises, she slipped and fell on paver stones on an outdoor walkway to a laundry room located on the defendant's property. At trial, the plaintiff testified that she knew of the unstable condition of the paver stones, and further, that there was a shorter, alternate route that she could have utilized...

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