ARCABASCIO v. BENTIVEGNA

2015-08995, Index No. 783/14.

142 A.D.3d 1120 (2016)

38 N.Y.S.3d 72

BENEDETTO ARCABASCIO, Appellant, v. YOLANDA BENTIVEGNA, Respondent.

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

Decided September 28, 2016.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

On September 16, 2013, the plaintiff went to the defendant's property in Brooklyn to prepare an estimate to repair the back porch, which was approximately three feet above ground level. Shortly after stepping onto the back porch, the area where the plaintiff was standing allegedly collapsed, causing him to sustain personal...

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