ELLERIN-DIEFENBACH v. AUTUMN SKY DEV. CO. INC.

2020-06498. Index No. 5847/18.

208 A.D.3d 456 (2022)

171 N.Y.S.3d 386

2022 NY Slip Op 04789

Michele P. Ellerin-Diefenbach, Respondent, v. Autumn Sky Development Co., Inc., et al., Appellants.

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

Decided August 3, 2022.


Attorney(s) appearing for the Case

Hurwitz & Fine, P.C., Melville, NY ( Joel R. Appelbaum of counsel), for appellants.

Foulke Law Firm, Goshen, NY ( Evan M. Foulke of counsel), for respondent.

Barros, J.P., Chambers, Miller and Christopher, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

In February 2018, the plaintiff, while descending the exterior steps at premises owned by the defendants, allegedly slipped on a step, causing her to lose her balance and fall to the ground. The plaintiff commenced this action against the defendants to recover damages for personal injuries, alleging, inter alia, that the defendants were negligent in, among other things, their maintenance of the...

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