Nicoterra v. Clifford

*943Appeal from an order of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered July 14, 2003. The order granted defendants’ motion to dismiss the complaint in a personal injury action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law with costs, the motion is denied, the complaint is reinstated and a new tried is granted.

Memorandum: Plaintiff commenced this premises liability action seeking damages for injuries that he allegedly sustained when he slipped and fell bn ice outside a tavern. A jury trial was held, and…