FRANKLIN v. 172 AUBUBON CORP.


32 A.D.3d 454 (2006)

819 N.Y.S.2d 785

SEAN FRANKLIN et al., Respondents, v. 172 AUBUBON CORP., Appellant.

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

August 15, 2006.


Ordered that the order is reversed, on the law and the facts, with costs, the motion is granted, the judgment entered October 1, 2003, is vacated, and the answer annexed to the defendant's motion papers is deemed served.

The plaintiffs commenced this negligence action to recover damages for personal injuries sustained when the plaintiff Sean Franklin, a New York City Police Officer, fell on an interior stairwell in a building owned by the defendant. Pursuant to Business...

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