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PIRRECA v. SMITHTOWN CENTRAL SCHOOL DIST.

2020-03946. Index No. 618891/17.

208 A.D.3d 526 (2022)

171 N.Y.S.3d 375

2022 NY Slip Op 04825

Ida Pirreca, Respondent, v. Smithtown Central School District, Appellant.

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

Decided August 3, 2022.

Attorney(s) appearing for the Case

Ahmuty, Demers & McManus, Albertson, NY (Glenn A. Kaminska and Nicholas M. Vevante of counsel), for appellant.

Martin Silver, P.C., Hauppauge, NY (Richard E. Trachtenberg of counsel), for respondent.

Dillon, J.P., Brathwaite Nelson, Roman and Ford, JJ., concur.

Ordered that the order is affirmed, with costs.

On December 7, 2016, Salvatore Calfaliello (hereinafter the decedent) allegedly was injured in the auditorium of Nesaquake Middle School, premises owned and operated by the defendant. As the decedent was walking along a walkway adjacent to and level with the stage area, he tripped and fell on a moveable elevated conductor's platform placed on the floor at the edge of the stage area. The plaintiff, the decedent's sister...

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