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MONTALVO v. W. ESTATES

240 A.D.2d 45 (1998)

669 N.Y.S.2d 562

Mary A. Montalvo, Respondent, v. Western Estates, Ltd., et al., Defendants, and New Broad Deli & Grocery et al., Appellants

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

March 5, 1998

Attorney(s) appearing for the Case

Frederick B. Simpson of counsel (Brendan T. Fitzpatrick on the brief; Ahmuty, Demers & McManus, attorneys), for respondent.

Rachael S. Charow of counsel (Jackson & Consumano, attorneys), for New Broad Deli & Grocery, appellant.

Tedd Kessler of counsel (Roderick J. Cassidy on the brief; Kessler & Widowski, attorneys), for Norden Restaurant Corp., appellant.

Michelle S. Russo of counsel (Chesney, Murphy & Moran, and Isabella Natale, attorneys), for Empire Carting Company, appellant.

WILLIAMS, MAZZARELLI and ANDRIAS, JJ., concur.

SULLIVAN, J. P.

On December 13, 1990, at approximately 1:40 P.M., plaintiff, while walking on Water Street from her Broad Street office, slipped and fell on the sidewalk just off the corner of Water and Broad Streets, in front of the New Broad Deli & Grocery, a defendant herein, located at 105 Broad Street, and sustained a bimalleolar fracture of the right ankle. Plaintiff claims that she slipped and fell...

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