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FOFANA v. 41 WEST 34TH STREET, LLC

62 A.D.3d 522 (2009)

878 N.Y.S.2d 734

MOHAMMAD FOFANA, Plaintiff, v. 41 WEST 34TH STREET, LLC, et al., Respondents, and NEWMARK & COMPANY REAL ESTATE, INC., Appellant, et al., Defendant.

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

Decided May 19, 2009.

In 2004, plaintiff and another individual named Haynes were injured in a fall down the freight elevator shaftway of a Manhattan building ground-leased to Midboro and managed by Newmark. Plaintiff commenced the instant action in Supreme Court, New York County, against Newmark and others, not including Midboro. In May 2006, the action was transferred to Bronx County for a joint trial with an action commenced by Haynes. In February...

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