FIGUEROA v. GUEYE

2007-04662.

66 A.D.3d 638 (2009)

887 N.Y.S.2d 166

2009 NY Slip Op 7225

ERICK FIGUEROA, Respondent, v. SAMBA GUEYE, Doing Business as TRES ELEGANTE, Defendant, and DANE D. HUGGINS, Appellant.

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

Decided October 6, 2009.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Dane D. Huggins which was for summary judgment dismissing the complaint insofar as asserted against him is granted.

In 2002 the plaintiff's decedent, while walking on a public sidewalk in front of a building owned by the defendant Dane D. Huggins, allegedly fell into a basement through an open cellar door located in the sidewalk. The...

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