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SULLIVAN v. FC BRUCKNER ASSOCIATES, L.P.

62 A.D.3d 417 (2009)

878 N.Y.S.2d 719

LORRAINE K. SULLIVAN et al., Respondents, v. FC BRUCKNER ASSOCIATES, L.P., Sued Herein as BRUCKNER PLAZA ASSOCIATES, L.P., et al., Appellants. FC BRUCKNER ASSOCIATES, L.P. Sued Herein as BRUCKNER PLAZA ASSOCIATES, L.P., et al., Third-Party Plaintiffs-Respondents, v. MCG ARCHITECTS, Also Known as McCLELLAN, CRUZ, GAYLORD & ASSOCIATES, Third-Party Defendant-Appellant. FC BRUCKNER ASSOCIATES, L.P., Sued Herein as BRUCKNER PLAZA ASSOCIATES, L.P., et al., Second Third-Party Plaintiffs-Respondents, v. YORK HUNTER OF NEW YORK, INC., Second Third-Party Defendant-Appellant-Respondent. MCG ARCHITECTS, Also Known as McCLELLAN, CRUZ, GAYLORD & ASSOCIATES, Third Third-Party Plaintiff-Respondent, v. McHENRY & ASSOCIATES, INC., Third Third-Party Defendant-Appellant. (And a Fourth-Party Action.) FC BRUCKNER Associates, L.P., Sued Herein as BRUCKNER PLAZA ASSOCIATES, L.P., et al., Fifth Third-Party Plaintiffs-Respondents, v. R & L CONSTRUCTION MANAGEMENT CORP., Fifth Third-Party Defendant-Appellant-Respondent.

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

Decided May 5, 2009.

After shopping at a store in defendants' newly constructed shopping center, at about 9 o'clock on a December night, plaintiff fell when she did not see the curb at the edge of the platform outside the store. The platform was the same color and texture as the concrete surface of the parking deck. The record indicates that lighting and paint demarcations required by plans for the shopping center had yet to be installed. Plaintiff...

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