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MARRIONE v. STEPHEN FICANO ENTERPRISES, INC.

277 A.D.2d 291 (2000)

715 N.Y.S.2d 747

VITO MARRIONE, Respondent, v. STEPHEN FICANO ENTERPRISES, INC., Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 13, 2000.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

After consuming alcoholic beverages in a public park, the plaintiff was allegedly injured when, while leaning against the defendant's wrought iron gate adjacent to a sidewalk, the gate opened causing the plaintiff's arm to become impaled upon a picket. The plaintiff commenced this action...

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