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TAVAREZ v. LELAKIS

No. 440, Docket 97-7361.

143 F.3d 744 (1998)

Maria TAVAREZ; Bruno Tavarez, Plaintiffs-Appellants, v. Eleftheria LELAKIS, Defendant-Third-Party Plaintiff-Appellee, Galleria Condominium, Third-Party-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 13, 1998.

Attorney(s) appearing for the Case

Donald Drew Goldberg, New York City (Samuel J. Lurie, New York City, of counsel) for Plaintiffs-Appellants.

Stephen X. Wright, Stiles & Wright, P.C., New York City (of counsel) for Defendant-Third-Party Plaintiff-Appellee.

David Weinberger, New York City (Gary M. Carlton, Goldberg & Carlton, New York City, on brief) for Third-Party-Defendant-Appellee.

Before: JACOBS and LEVAL, Circuit Judges, and RESTANI, Judge.

LEVAL, Circuit Judge:

Plaintiffs Maria and Bruno Tavarez appeal from summary judgment entered in the United States District Court for the Southern District of New York (Jones, J.) dismissing their personal injury action. Plaintiffs claim that defendant Eleftheria Lelakis breached an "assumed duty" to protect Maria Tavarez at the moment she fell from a stepladder, sustaining serious injury in Lelakis's apartment. Finding that plaintiffs had provided no evidence...

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