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SMITH v. BYWISE HOLDING, LLC

2010-01647

76 A.D.3d 1006 (2010)

908 N.Y.S.2d 97

ROBERT SMITH, Respondent, v. BYWISE HOLDING, LLC, Appellant, et al., Defendant.

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

Decided September 21, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

On January 21, 2004, the plaintiff slipped and fell while walking on an icy public sidewalk. As a result of the accident, his left ankle was injured.

The plaintiff commenced this action against, among others, the defendant Bywise Holding, LLC (hereinafter Bywise), the entity responsible for maintaining the portion of the sidewalk upon which...

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