COHEN v. TUNEWAY COMPANY


35 A.D.3d 340 (2006)

825 N.Y.S.2d 268

BEVERLY COHEN et al., Appellants, v. TUNEWAY COMPANY et al., Respondents, et al., Defendant.

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

Decided December 5, 2006.


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint insofar as asserted against the defendants Tuneway Company, Barry Berkman, Andrew Berkman, Deborah Berkman, Alice Berkman, and the Ingraham Bedell Corporation is denied.

The injured plaintiff alleged that as she was walking in the defendants' parking lot she fell due to a sinkhole in the asphalt walkway. The Supreme Court granted the motion of the...

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