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RACKOWSKI v. REALTY USA

510440.

82 A.D.3d 1475 (2011)

920 N.Y.S.2d 435

RICHARD RACKOWSKI, Appellant, v. REALTY USA, Respondent, et al., Defendant.

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

Decided March 24, 2011.

MALONE Jr., J.

In September 2004, plaintiff was injured by a hatch door while he was descending into a basement of a home for sale during an open house that was hosted by a salesperson associated with defendant Realty USA (hereinafter defendant). Plaintiff thereafter commenced this action against defendant and the seller of the home seeking damages for his injuries.* Following discovery, defendant successfully moved for summary judgment...

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