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McCOMISH v. LUCIANO'S ITALIAN REST.

56 A.D.3d 534 (2008)

868 N.Y.S.2d 79

DONNA R. McCOMISH, Respondent, v. LUCIANO'S ITALIAN RESTAURANT, Respondent, and MICHAEL SALVATORE et al., Appellants.

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

November 12, 2008.

Ordered that the order is reversed, on the law, with one bill of costs, and the motion of the defendants Michael Salvatore and Bernandino Savone for summary judgment dismissing the complaint and all cross claims insofar as asserted against them is granted.

The plaintiff allegedly was injured when she fell into a depression in a parking area in front of a building owned by the defendants Michael Salvatore and Bernandino Savone (hereinafter the owners) and leased by...

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