FIGUEROA v. WEST 170TH REALTY, INC.


56 A.D.3d 299 (2008)

867 N.Y.S.2d 86

SALVADOR FIGUEROA, Respondent, v. WEST 170TH REALTY, INC., Respondent, and BRONX 99 CENTS LLC, Appellant, et al, defendants.

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

November 13, 2008.


The evidence, including, inter alia, conflicting testimony from the owner of Bronx 99 Cents and the landlord, defendant West 170th Realty, Inc., presents triable issues of fact as to whether, pursuant to its lease, Bronx 99 Cents was responsible for removing the snow and ice on the portion of the sidewalk where plaintiff slipped and fell. Furthermore, although the owner of Bronx 99 Cents could not recall the snow removal efforts taken by his employees on the date of the accident...

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