CRUZ v. FARMS


290 A.D.2d 527 (2002)

736 N.Y.S.2d 615

ANIBAL CRUZ, Plaintiff, v. CHRIS FARMS, Also Known as YOUNGS RAE PARK, Appellant, and THEODORE BOUZALAS, Respondent.

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

Decided January 28, 2002.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly was injured when he was struck by snow and ice which fell from an awning over the appellant's store. We agree with the Supreme Court that the awning in question could not be considered a "public portion" of the building within the meaning of the lease between the appellant and the respondent building owner. Thus, under the terms of the

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