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GMEINDER v. BENDERSON DEVELOPMENT CO., INC.

258 A.D.2d 945 (1999)

685 N.Y.S.2d 529

BETTY A. GMEINDER et al., Respondents, v. BENDERSON DEVELOPMENT CO., INC., Respondent, and AMERICAN PAVING AND EXCACATING CO., INC., Appellant.

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

Decided February 10, 1999.

Order unanimously affirmed with costs.

Memorandum:

Plaintiffs commenced this action to recover damages for injuries sustained by plaintiff Betty A. Gmeinder (plaintiff) when she tripped and fell on a sidewalk as she was leaving a store in a plaza owned by defendant Benderson Development Co., Inc. (Benderson). Six months prior to the accident, Benderson had contracted with defendant American Paving and Excavating Co., Inc. (American) to repair the sidewalk...

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