Metichecchia v. Palmeri

Appeal from an order of the Supreme Court (Bradley, J.), entered February 7, 2005 in Ulster County, which denied defendant Frank Palmeri’s motion for summary judgment dismissing the complaint against him.

On February 16, 2004, plaintiff Armand Metichecchia, a Verizon employee making a service call, entered the front door of premises owned by defendant Frank Palmeri in the Town of Hurley, Ulster County, and fell through an opening in the floor that led to the basement. A trap door, which ordinarily covered the opening, had been left in the raised position.

*895Consequently, Metichecchia and his…