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RUTKOWSKI v. 90 MAIN STREET LLC

294 A.D.2d 419 (2002)

742 N.Y.S.2d 340

RYSZARD RUTKOWSKI et al., Appellants, v. 90 MAIN STREET LLC et al., Respondents.

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

Decided May 13, 2002.

Ordered that the order is reversed, on the law, with one bill of costs, the motions are denied, and the complaint is reinstated.

The plaintiff Ryszard Rutkowski (hereinafter the plaintiff) fell while delivering bread to the defendant Vatica Diner, Inc. (hereinafter Vatica). Vatica leased the premises from the defendant 90 Main Street, LLC (hereinafter 90 Main). The plaintiff alleges that his fall was caused by cracked asphalt and a mixture of water and oil at the...

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