ZEHNICK v. MEADOWBROOK II ASSOCIATES


20 A.D.3d 793 (2005)

799 N.Y.S.2d 604

SHARON ZEHNICK, Respondent-Appellant, v. MEADOWBROOK II ASSOCIATES, Defendant and Third-Party Plaintiff-Appellant-Respondent, and NEW PALTZ HOUSING ASSOCIATES, Proposed Defendant-Appellant. NICHOLAS J. TOZZI, JR., Individually and Doing Business as NICK TOZZI FORKLIFT SERVICE & REPAIR, Third-Party Defendant-Respondent-Appellant.

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

July 21, 2005.


SPAIN, J.P.

On January 18, 1999, plaintiff slipped on snow and fell in a parking area of a housing complex in the Town of New Paltz, Ulster County, known as Meadowbrook Farms. The housing complex actually consists of two adjoining properties with separate owners, New Paltz Housing Associates (hereinafter New Paltz) and defendant. The separate properties, however, share roadways, water, sewage and a management office, creating the appearance of a single housing complex...

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