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GUALANO v. ABINGTON SQUARE CONDOMINIUM ASSOCIATION

2008-11415, 2009-05718

69 A.D.3d 793 (2010)

894 N.Y.S.2d 453

2010 NY Slip Op 471

ELIGIO GUALANO et al., Appellants, v. ABINGTON SQUARE CONDOMINIUM ASSOCIATION, Defendant. OXFORD HEALTH PLANS et al., Nonparty Respondents.

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

Decided January 19, 2010.

Ordered that the orders are affirmed, with one bill of costs.

The injured plaintiff and his wife, suing derivatively, commenced this action against the defendant Abington Square Condominium (hereinafter Abington Square) to recover damages for personal injuries sustained as the result of an alleged slip-and-fall accident that occurred on March 23, 2003. At the time of the accident, the injured plaintiff was insured by Oxford Health Plans (hereinafter Oxford) and Oxford...

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