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KAPLAN v. COULSTON

85 Misc.2d 745 (1976)

Lena Kaplan et al., Plaintiffs, v. Jack Coulston, Doing Business as 2690 University Realty, et al., Defendants.

Civil Court of the City of New York, Bronx County.

February 27, 1976

Attorney(s) appearing for the Case

Lifshutz & Kahn (Gerald Kahn of counsel), for plaintiffs. Flynn & Gibbons (Robert L. Flynn of counsel), for defendants.

DAVID LEVY, J.

This is a motion by plaintiffs to amend their complaint pursuant to CPLR 3025 to assert an additional cause of action. In the original complaint plaintiff, Lena Kaplan, and her husband, Max Kaplan, tenants, sought damages allegedly incurred as a result of the negligence of the landlord when a kitchen cabinet in the apartment fell and struck and injured Lena Kaplan. Plaintiffs claimed actual and constructive notice to the landlord.

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