Deposition testimony of defendant's own witness, Donald McKenzie, established that, at the time of plaintiff's 1994 slip and fall on the stoop of the building located at 3453 White Plains Road in the Bronx, defendant was collecting the rents and paying the insurance and tax bills for that property. Moreover, a principal of the then record owner, B.M.R.R. Realty, Robert Treglia, averred in an affidavit, inter alia, that, at the time of the accident, defendant had taken...
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