Ordered that the order is reversed, on the law, with costs, the motion is granted, and the cross motion is denied as academic.
Elnora Cox was injured when she tripped over a broken "parking bumper" in the parking lot of a shopping center owned by the plaintiff John Catsimatidis. In a related action entitled Cox v Catsimatidis, in the Supreme Court, Kings County (Index No. 12592/93), Cox recovered a judgment against Catsimatidis. In this action, Catsimatidis...
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