Frank v. Westwood Associates, Inc.

Agostini, John A., J.

On March 22,2004, the plaintiff, Debra Frank (“Frank”), commenced suit against the defendant, Westwood Associates, Inc. (“West-wood”), in the Clinton District Court for damages resulting from her slip and fall on Westwood’s property. The District Court denied Westwood’s motion to dismiss submitted at the close of the plaintiffs case. After the conclusion of the bench trial, the District Court ruled in favor of Frank, awarding her damages. Westwood appealed to the Appellate Division, which held there was insufficient evidence presented at the District Court trial to…