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PHELAN v. YELLIN

122 Misc.2d 807 (1984)

John J. Phelan et al., Plaintiffs, v. John J. Yellin et al., Defendants.

Supreme Court, Special Term, New York County.

January 31, 1984

Attorney(s) appearing for the Case

Costello & Shea for defendants. Schneider, Kleinick & Weitz, P. C., for plaintiffs.

ARTHUR E. BLYN, J.

Motion by defendants pursuant to CPLR 3212 for summary judgment dismissing the complaint.

This is an action for personal injuries allegedly sustained by plaintiff on July 25, 1978, when he stepped into a hole in the floor of a building in Queens, New York, which was owned by defendants. At the time of the accident plaintiff was employed by a subsidiary of Borden Corporation, the lessee at the premises. Borden had leased the...

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