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REARDON v. BENDERSON DEVELOPMENT CO., INC.

266 A.D.2d 869 (1999)

697 N.Y.S.2d 893

CARL REARDON et al., Respondents, v. BENDERSON DEVELOPMENT CO., INC., et al., Appellants, and RETURN TO WORK, INC., Respondent.

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

Decided November 12, 1999.

Order unanimously affirmed with costs.

Memorandum:

Plaintiffs commenced this action to recover damages for injuries sustained by plaintiff Carl Reardon when he stepped on a broken portion of sidewalk and fell at a plaza owned by Benderson Development Co., Inc. and Nathan Benderson (defendants). Supreme Court properly denied defendants' cross motion for summary judgment dismissing the complaint. Even assuming, arguendo...

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