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LEMPERT v. STEINBERG & POKOIK MANAGEMENT CORP.

7 N.Y.3d 917 (2006)

860 N.E.2d 987

827 N.Y.S.2d 684

CATHY LEMPERT, Appellant, v. STEINBERG & POKOIK MANAGEMENT CORP. et al., Respondents.

Court of Appeals of New York.

Decided December 21, 2006.

Attorney(s) appearing for the Case

Friedman & James LLP, New York City (John P. James of counsel), for appellant.

Herzfeld & Rubin, P.C., New York City (Linda M. Brown of counsel), for respondents.

Concur: Chief Judge KAYE and Judges CIPARICK, GRAFFEO and PIGOTT. Judges ROSENBLATT, READ and SMITH dissent and vote to affirm for the reasons stated in the memorandum by the Appellate Division ( [2006]).

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and defendants' motion for summary judgment denied. Questions of fact exist concerning whether a slippery substance on the floor caused plaintiff's injuries and, if so, whether defendants' negligence created...

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