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DISALVIA v. PILEVSKY

266 A.D.2d 425 (1999)

698 N.Y.S.2d 870

JOSEPHINE DISALVIA, Appellant, v. PHILIP PILEVSKY et al., Respondents, and WALDBAUM, INC., Defendant and Third-Party Plaintiff-Respondent. KOLDAIRE REFRIGERATION CORP., Third-Party Defendant-Respondent.

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

Decided November 22, 1999.

Ordered that the order is reversed, on the law, with one bill of costs payable by the respondents appearing separately and filing separate briefs, the defendants' motion and the third-party defendant's cross motion are denied, and the complaint and the third-party complaint are reinstated.

While shopping at the defendant Waldbaum, Inc. (hereinafter Waldbaum), the plaintiff slipped on a two-foot puddle of water that had...

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