Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff's mother, Cecelia Hernandez, allegedly fell and injured herself in August 1997 due to a broken floor tile in the hallway of an apartment building owned by the defendant. Hernandez commenced this action against the defendant in 1998 but she died several months later, before she could be deposed.
"To impose liability on a defendant...
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