Koullias v. Jenny Farm

OPINION OF THE COURT

Herbert Kramer, J.

*599Plaintiff alleges that an opaque curtain framing the entrance to defendant Jenny Farm’s store obstructed his view of an open trap door leading to a cellar that was located immediately beyond the curtain thereby causing him to fall into the opening and sustain injuries. The trap door had apparently been left open by a person delivering goods to the store.

Defendants, Josephine Fratangelo, Peter E Fratangelo and Dominick Pensabene, out-of-possession landlords, cross-move for summary judgment dismissing the plaintiffs complaint and cross claims asserted by…