Oates v. Iacovelli
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J.P.
Appeal from an order of the Supreme Court *1060(Sherman, J.), entered December 10, 2009 in Tompkins County, which denied defendants’ motion for summary judgment dismissing the complaint.
Plaintiff injured his back while at a home that was leased by a nonparty and owned by defendants. The injury occurred when a deck on which he and 15 other guests had gathered suddenly collapsed. Plaintiff thereafter commenced this action alleging that defendants negligently failed to maintain the deck. Supreme Court denied defendants’ motion for summary judgment dismissing the complaint, prompting this…
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