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BAUMANN v. DAWN LIQUORS, INC.

3126, 153825/14.

148 A.D.3d 535 (2017)

2017 NY Slip Op 01986

49 N.Y.S.3d 668

GABOR BAUMANN et al., Respondents, v. DAWN LIQUORS, INC., Doing Business as DIPLOMAT WINES AND SPIRITS, Defendant, and THE STERLING PLAZA CONDOMINIUM, Appellant.

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

Decided March 21, 2017.

On this appeal, we are asked to determine whether Supreme Court properly denied Sterling's summary judgment motion on the ground that plaintiffs raised a triable issue of fact as to whether Sterling created or exacerbated the sidewalk condition that caused plaintiff Gabor Baumann to slip and fall. We conclude that summary judgment was properly denied on that ground.

[Prior Case History: 2016 NY Slip Op 30867(U).]

Plaintiff Gabor Baumann alleges...

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