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CHAVEZ v. 407 7TH CORP.

10 Misc.3d 33 (2005)

807 N.Y.S.2d 785

GERMAINE CHAVEZ, Individually and as Administratrix of the Estate of CESAR CHAVEZ, Deceased, Appellant, v. 407 SEVENTH AVENUE CORP. et al., Respondents.

Supreme Court, Appellate Term, Second Department.

November 7, 2005.

Attorney(s) appearing for the Case

Charles Berkman, New York City (Ephrem Wertenteil of counsel), for appellant.

Steven R. Harris and Chesney & Murphy, LLP, Baldwin (Joyce G. Bigelow of counsel), for 407 Seventh Avenue Corp., respondent.

James P. Nunemaker, Jr. & Associates, Uniondale (Gene W. Wiggins of counsel), for From Head to Toe of Brooklyn, Inc., respondent.

PESCE, P.J., and GOLIA, J., concur; PATTERSON, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order affirmed without costs.

Plaintiff instituted this action by service of a summons and complaint dated August 8, 1996 for personal injuries sustained on July 9, 1995 as a result of a slip and fall in front of and/or adjacent to defendants' premises. Following the filing of a notice of trial, the case was placed on the trial calendar. The case last appeared on the...

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