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ISEMAN v. DELMAR BLDG.

113 A.D.2d 276 (1985)

Milla H. Iseman et al., Respondents, v. Delmar Medical-Dental Building, Inc., Appellant, et al., Defendants. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 5, 1985

Attorney(s) appearing for the Case

Lyons & Duncan (Condon A. Lyons of counsel), for appellant.

Carter, Conboy, Bardwell, Case & Blackmore (Verle L. Johnston, Jr., of counsel), for respondents.

WEISS and YESAWICH, JR., JJ., concur with HARVEY, J.; KANE, J. P., and LEVINE, J., dissent and vote to reverse in an opinion by KANE, J. P.

HARVEY, J.

On September 9, 1977, plaintiff Milla H. Iseman (hereinafter plaintiff) fell down an interior flight of stairs in a building owned by defendant Delmar Medical-Dental Building, Inc. (hereinafter defendant), sustaining injuries to her head, neck, right hip and left leg. She then commenced this action against defendant and others to recover damages allegedly incurred as a consequence of their negligence...

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