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WOLFE v. LONG ISLAND POWER AUTHORITY

34 A.D.3d 575 (2006)

824 N.Y.S.2d 390

MARY WOLFE, Plaintiff, v. LONG ISLAND POWER AUTHORITY et al., Defendants, and MITCHELL LEVINE, Defendant and Third-Party Plaintiff-Appellant. IK TRUST, Third-Party Defendant-Respondent.

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

Decided November 14, 2006.

Ordered that the order is reversed, on the law, with costs, and the motion to dismiss the third-party complaint is denied.

The plaintiff allegedly tripped and fell over a defective condition on a sidewalk adjacent to premises leased by the defendant third-party plaintiff, Mitchell Levine, and owned by the third-party defendant, IK Trust. In addition to leasing one of the office spaces in IK Trust's building, Levine also...

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