In the underlying action, plaintiff seeks to recover monetary damages for personal injuries he sustained on June 5, 1983 when he was struck by an iron bar attached to a drop awning at premises owned by defendant 491 West Street Corp. and leased to defendant River Entertaining, Inc., doing business as River Disco Club.
The IAS court properly determined that summary judgment in the defendant's favor was precluded by a triable issue of fact in light of the retention...
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