Martin v. Wagner
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardona, P.J.
Appeal from an order of the Supreme Court (Relihan, Jr., J), entered October 17, 2005 in Tompkins County, which denied defendants’ motion for summary judgment dismissing the complaint.
Plaintiff commenced this action seeking damages for injuries he allegedly sustained on February 7, 2003 when he slipped and fell on the driveway of defendants’ home in the City of Ithaca, Tompkins County. At the time of the incident, plaintiff was a cable company employee who was scheduled to perform maintenance at defendants’ home. At his examination before trial, plaintiff testified that he could not recall…
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