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BERKOWITZ v. DAYTON CONSTRUCTION, INC.

2 A.D.3d 764 (2003)

769 N.Y.S.2d 730

HELEN BERKOWITZ, Respondent, v. DAYTON CONSTRUCTION, INC., Defendant, JACAROGA, LLC, Respondent, and BLOCKBUSTER VIDEO, INC., Appellant.

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

December 29, 2003.

Ordered that the order is reversed, on the law, with costs, the complaint and all cross claims are dismissed insofar as asserted against the defendant Blockbuster Video, Inc., and the action against the remaining defendants is severed.

The plaintiff allegedly sustained injuries when she tripped and fell on a sidewalk on 64th Avenue in Queens County, which was adjacent to a building that was leased by the defendant Blockbuster Video, Inc. (hereinafter Blockbuster)...

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