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BERK v. 11 ATL. AVE. REALTY CORP.

206 A.D.2d 976 (1994)

615 N.Y.S.2d 145

Phyllis Berk et al., Appellants, v. 11 Atlantic Avenue Realty Corp. et al., Respondents

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

July 15, 1994

Order unanimously modified on the law and as modified affirmed with costs to plaintiffs in accordance with the following Memorandum: Supreme Court erred in granting the cross motion of defendant 11 Atlantic Avenue Realty Corp. (Atlantic Realty). The record establishes that Atlantic Realty was the owner of the premises where plaintiff Phyllis Berk (plaintiff) fell on June 29, 1990. In support of its cross motion, Atlantic Realty submitted an affirmation of its counsel asserting...

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