Darminio v. Sposato

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Westchester County, entered March 8, 1976, which is in favor of defendant, upon the trial court’s dismissal of the complaint at the close of plaintiff’s case, at a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. Plaintiff, a musician, was a member of a band engaged to play at a club operated by defendant. The platform on which the band performed was eight feet long, six feet wide and three feet high. It was rectangular,…