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CHOICE v. GILL

56 A.D.3d 597 (2008)

BEVERLY CHOICE et al., Respondents, v. JAGDEV GILL et al., Respondents, and KURT BARNES, Appellant.

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

November 18, 2008.

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and the motion of the defendant Kurt Barnes for summary judgment dismissing the complaint and all cross claims insofar as asserted against him is granted.

The plaintiffs commenced this action to recover damages for personal injuries, etc., allegedly arising from a fall down an opening for basement steps being constructed on property...

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