ZACH v. 482 OPERATING CORP.


51 A.D.3d 786 (2008)

858 N.Y.S.2d 268

DENNIS ZACH, Respondent, v. 482 OPERATING CORP. et al., Appellants, et al., Defendant. (And a Third-Party Action.)

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

Decided May 13, 2008.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant Dikeman St. Realty Corp. is granted.

The plaintiff allegedly was injured when he fell to the floor from one of the steps of a spiral staircase that led to the attic in which he resided. The appellants established that the owner of the subject premises, the...

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