Palazzo v. Bunag

OPINION OF THE COURT

Memorandum.

Ordered that the judgment is reversed, without costs, so much of the complaint as was asserted against defendant Maria Bu-nag is reinstated, and the matter is remitted to the Civil Court for a new trial limited to the issue of damages on that portion of the complaint.

Plaintiff Gary Palazzo commenced this action in Supreme Court, Richmond County, to recover for injuries he had sustained as a result of falling on a sidewalk abutting residential property owned by defendant Maria Bunag. His wife, plaintiff Carol Palazzo, sued derivatively. Following discovery, the…