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CORREA v. ORIENT-EXPRESS HOTELS, INC.

5169, 304954/08.

84 A.D.3d 651 (2011)

924 N.Y.S.2d 336

MARGARITA CORREA, as Administratrix of the Estate of ORLANDO CORREA, Deceased, et al., Respondents, v. ORIENT-EXPRESS HOTELS, INC., Appellant.

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

Decided May 26, 2011.

In this wrongful death action, plaintiffs allege that decedent slipped and fell while working in premises owned by nonparty 21 Club, Inc., which is wholly-owned by nonparty 21 Club Properties, Inc., which, in turn, is wholly-owned by defendant.

Neither the affidavit nor the deposition testimony defendant offered constitutes the type of documentary evidence that may be considered on a motion pursuant to CPLR 3211 (a) (1) (see Weil, Gotshal & Manges, LLP v Fashion...

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