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POLATSEK v. CONGREGATION BAIS ARYE

48 A.D.3d 438 (2008)

851 N.Y.S.2d 621

BREINDY POLATSEK et al., Respondents, v. CONGREGATION BAIS ARYE et al., Appellants, et al., Defendant.

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

Decided February 5, 2008.

Ordered that the amended order is affirmed, with costs.

On a rainy day, the injured plaintiff allegedly slipped and fell on water on the foyer floor of premises owned by the defendants Congregation Bais Arye, Leonard Freund, Sylvia Freund, Abraham Freund, Edith Freund, and Jacob Gluck (hereinafter the defendants). Contrary to the defendants' contention, they failed to submit evidence sufficient to establish, prima facie, their status as out-of-possession landlords...

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