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SAUNDERS v. 551 GALAXY REALTY CORP.

64 A.D.3d 564 (2009)

883 N.Y.S.2d 549

ANNETTE SAUNDERS, Respondent, v. 551 GALAXY REALTY CORP. et al., Appellants. (And a Third-Party Action.)

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

Decided July 7, 2009.

Ordered that the order is affirmed, with costs.

On October 13, 2006, while at the corner of Atlantic and Nostrand Avenues in Brooklyn, the plaintiff was injured when an air conditioner fell from the window of a building located at 551 Nostrand Avenue, owned by the defendants. The plaintiff commenced this action, and the defendants moved for summary judgment dismissing the complaint on the grounds that the tenant who rented the apartment caused the air conditioner...

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