Dapp v. Larson
New York Supreme Court, Appellate Division
659 N.Y.S.2d 130 (1997)
- Written by Serena Lipski, JD
Facts
Freda Dapp (plaintiff) was a home health aide who visited patients’ homes. One rainy day, Dapp went to the home of Doris Larson (defendant). Larson’s front porch had a brown plastic doormat and a few steps. Dapp did not notice the location of the brown plastic doormat upon arrival. As Dapp was leaving Larson’s home, Dapp again did not notice the location of the doormat. Dapp then fell down the stairs. Dapp did not know why she fell, but after her fall, she noticed that the doormat was on the ground and not on the porch where it normally was. Dapp filed a negligence case against Larson, and the trial court granted summary judgment in Larson’s favor. Dapp appealed.
Rule of Law
Issue
Holding and Reasoning (Cardona, J.)
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