GUTMAN v. TODT HILL PLAZA, LLC

2009-11848.

81 A.D.3d 892 (2011)

917 N.Y.S.2d 886

FAINA GUTMAN et al., Appellants, v. TODT HILL PLAZA, LLC, et al., Respondents.

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

Decided February 22, 2011.


Ordered that the order is reversed insofar as appealed from, with one bill of costs, and that branch of the motion of the defendant Cucina Fresca which was for summary judgment dismissing the complaint insofar as asserted against it and that branch of the cross motion of the defendant Todt Hill Plaza, LLC, which was for summary judgment dismissing the complaint insofar as asserted against it are denied.

While a landowner or occupant has a duty to maintain its premises...

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