FRASER v. 147 ROCKAWAY PKW, LLC

2019-02753. Index No. 17179/14.

203 A.D.3d 894 (2022)

165 N.Y.S.3d 104

2022 NY Slip Op 01772

Aplin Fraser, Appellant, v. 147 Rockaway Pkw, LLC, Respondent.

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

Decided March 16, 2022.


Attorney(s) appearing for the Case

Law Office of Brian M. King, P.C., (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Michael H. Zhu ], of counsel), for appellant.

Clausen Miller P.C., New York, NY ( Kimbley A. Kearney and Christopher T. Scanlon of counsel), for respondent.

Duffy, J.P., Miller, Zayas and Genovesi, JJ., concur.


Ordered that the judgment is reversed, on the law, with costs, the complaint is reinstated, and the matter is remitted to the Supreme Court, Kings County, for a new trial.

In December 2014, the plaintiff commenced this action against the defendant to recover damages for injuries she alleged she sustained on August 30, 2014, when she fell through a broken step on a public staircase in a multi-family building owned by the defendant. After a nine-day trial, the jury...

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