Kelly v. Canino

Judgment unanimously modified on the law and as modified affirmed with costs to defendants D’Angelo and Rosa and new trial granted, in accordance with the following memorandum: Plaintiff went to a construction site to seek counsel and comfort from his religious pastor, defendant Canino, who was also a contractor. Canino was rehabilitating apartments owned by defendants Rosa and D’Angelo. As plaintiff and Canino were descending a flight of *949stairs, the stairs collapsed and plaintiff was injured. The trial court erred in granting the owners’ motion to dismiss at the end of plaintiff’s case…