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ARAUJO v. MERCER SQUARE OWNERS CORP.

Nos. 7670, 108536/07.

95 A.D.3d 624 (2012)

944 N.Y.S.2d 126

2012 NY Slip Op 3785

PATRICIA ARAUJO, Respondent, v. MERCER SQUARE OWNERS CORP. et al., Defendants, and MERCER SQUARE LLC, Appellant, and BATH & BODY WORKS, LLC, Respondent.

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

Decided May 15, 2012.

This is a personal injury action arising from a slip and fall on a public sidewalk in front of a condominium building consisting of a residential unit, owned by defendant Mercer Square Owners Corp., and a commercial unit, owned by defendant Mercer Square LLC (LLC). The LLC's motion for summary judgment should have been granted, as it owed no duty to plaintiff. Indeed, the condominium declaration provided that the board of managers of the condominium was required to maintain...

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