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LUTTERLOH v. CITY OF NEW YORK

2010-03952.

79 A.D.3d 977 (2010)

912 N.Y.S.2d 903

GLORIA E. LUTTERLOH et al., Respondents, v. CITY OF NEW YORK, et al., Defendants, and MID STATE MANAGEMENT CORPORATION et al., Appellants.

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

Decided December 21, 2010.

Ordered that the order is affirmed, with costs.

The plaintiff Gloria E. Lutterloh (hereinafter the plaintiff) allegedly sustained personal injuries as a result of her exposure to a chemical substance as she rode in an elevator to the seventh floor of the apartment building where she resided. Shortly prior to the plaintiff's exposure, the New York City Fire Department had arrived at the building in response to a complaint of a material spill and/or odor and determined...

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