IZZO v. PROTO CONSTRUCTION & DEVELOPMENT CORPORATION

2010-05073.

81 A.D.3d 898 (2011)

917 N.Y.S.2d 287

CATHERINE IZZO, Appellant, v. PROTO CONSTRUCTION & DEVELOPMENT CORPORATION, Respondent.

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

Decided February 22, 2011.


Ordered that the order is affirmed, with costs.

In 2001 the defendant was hired to perform repairs of sections of the garage floor in the Kingsley House, an apartment building. Approximately five years later, the plaintiff, a tenant in the subject building, allegedly fell as a result of a crack in the floor of the garage. The plaintiff commenced this action against the defendant contractor, claiming that it had negligently repaired the garage floor by failing to use...

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