STEMPIEN v. WALLS

897 CA 19-02098.

193 A.D.3d 1383 (2021)

147 N.Y.S.3d 782

2021 NY Slip Op 02683

Ryan Stempien, Respondent, v. Gregg K. Walls et al., Appellants.

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

Decided April 30, 2021.


Attorney(s) appearing for the Case

HAGELIN SPENCER LLC, BUFFALO ( MATTHEW D. PFALZER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

PAUL WILLIAM BELTZ, P.C., BUFFALO ( WILLIAM A. QUINLAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Carni, Troutman, Winslow and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this premises liability action seeking damages for injuries he sustained when he fell 15 feet from the top of a seawall while attending a party at defendants' lakefront vacation home. Plaintiff alleged that the accident occurred at "the unguarded and unlit rear northwest corner of the [subject] property" and that defendants failed to, inter alia...

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