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CHEN v. 77 NY 32ND ST., LLC

22 A.D.3d 802 (2005)

803 N.Y.S.2d 691

GUANG ZHONG CHEN, Appellant-Respondent, v. 77 NY 32ND ST., LLC, Respondent, and YELLOWSTONE IMPORTS, INC., Respondent-Appellant.

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

October 31, 2005.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The Supreme Court properly determined that an issue of fact exists as to whether the condition of the ladder was a proximate cause of the plaintiff's fall and his alleged injuries (see Blake v Neighborhood Hous. Servs. of N.Y. City, 1 N.Y.3d 280, 289-290 [2003]; Perri v Gilbert Johnson Enters., Ltd.,

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