TELESCO v. SMITH

531880.

200 A.D.3d 1140 (2021)

159 N.Y.S.3d 211

2021 NY Slip Op 06728

Nicholas Telesco et al., Respondents, v. Matthew Smith et al., Appellants.

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

Decided December 2, 2021.


Attorney(s) appearing for the Case

McCabe & Mack LLP, Poughkeepsie ( Kimberly Hunt Lee of counsel), for appellants.

Finklestein & Partners, LLP, Newburgh ( Alexandria Awad of counsel), for respondents.

Egan Jr., J.P., Clark, Aarons and Reynolds Fitzgerald, JJ., concur.


After plaintiff Nicholas Telesco was injured when he slipped on ice at work while walking to the bathroom—which had an exterior entrance—he and his spouse, derivatively, commenced this action against defendants, the owners of the subject property, asserting negligence. Following joinder of issue, defendants moved for summary...

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