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PYNE v. 20 E. 35 OWNERS CORP.

267 A.D.2d 168 (1999)

700 N.Y.S.2d 450

JAMES PYNE, Respondent, v. 20 E. 35 OWNERS CORP. et al., Appellants.

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

Decided December 28, 1999.

In 1993, plaintiff filed a summons and complaint in the United States District Court for the Southern District of New York asserting the same claims against the same defendants as are alleged in this action for injuries claimed to have been sustained in a May 4, 1992 fall on a marble floor in a building owned and managed by defendants. The Federal action was dismissed by order entered on December 2, 1997 for plaintiff's failure to show diversity of citizenship. On April 17...

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