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BERGER v. 292 PATER INC.

102418/09, 4960A.

84 A.D.3d 461 (2011)

922 N.Y.S.2d 346

ALICE BERGER, Respondent, v. 292 PATER INC., Doing Business as RICE, Defendant, and RAYMON ELOZUA, Doing Business as 292 ELIZABETH ST. REALTY, Appellant.

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

Decided May 5, 2011.

In this personal injury action, plaintiff alleges that she was injured when she tripped and fell on a piece of metal protruding from a vault step in front of premises owned by Elozua and leased by 292 Pater.

Paragraph R3 of the rider to the lease provided that 292 Pater would replace the vault step in accordance with Landmark Regulations within 180 days of lease commencement. It is undisputed that the step was never replaced.

Paragraph R7 of the rider provided...

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