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MARINO v. A.G. PROPERTIES OF KINGSTON, LLC

511387.

85 A.D.3d 1429 (2011)

926 N.Y.S.2d 678

2011 NY Slip Op 5165

JOHN MARINO et al., Respondents-Appellants, v. A.G. PROPERTIES OF KINGSTON, LLC, et al., Defendants, and TECHCITY 52, LLC, Appellant-Respondent.

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

Decided June 16, 2011.

KAVANAGH, J.

Plaintiff John Marino and his wife, derivatively, commenced this action alleging that, in May 2006, Marino injured his knee while ascending stairs inside a building leased by his employer from defendant TechCity 52, LLC (hereinafter defendant), the building's owner. Defendant moved to dismiss plaintiffs' complaint contending that it failed to state a cause of action pursuant to CPLR 3211 (a) (7) and, in the alternative, for summary judgment dismissing...

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