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RAPINI v. NEW PLAN EXCEL REALTY TRUST, INC.

11 A.D.3d 890 (2004)

782 N.Y.S.2d 324

ARTHUR RAPINI et al., Respondents, v. NEW PLAN EXCEL REALTY TRUST, INC., Appellant.

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

October 1, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Contrary to the contention of defendant, Supreme Court properly denied its motion seeking summary judgment dismissing the complaint. Plaintiffs commenced this action seeking damages for injuries allegedly sustained by Arthur Rapini (plaintiff) when he slipped and fell in a puddle of water in a common area of a mall owned by defendant...

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