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CAPOBIANCO v. HSIEM

249 A.D.2d 353 (1998)

670 N.Y.S.2d 366

Guy Capobianco, Plaintiff, v. Woo Hsiem, Also Known as Hsien Sao Wu, et al., Defendants and Third-Party Plaintiffs. Sam Ash Music Realty Corp., Third-Party Defendant and Fourth-Party Plaintiff-Respondent; Bruno R. "Doe", Doing Business as B&R Landscaping, Fourth-Party Defendant-Appellant

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

April 13, 1998

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondent.

Issues of fact exist as to whether the fourth-party defendant Bruno Rossano d/b/a B&R Landscaping maintained the area where the plaintiff tripped and fell, and, if so, whether he was negligent in so doing (see, Farrar v Teicholz, 173 A.D.2d 674; Huth v Allied Maintenance Corp.,

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