PHILLIPS v. HENRY B'S, INC.

CA 10-02135.

85 A.D.3d 1665 (2011)

925 N.Y.S.2d 770

2011 NY Slip Op 5306

JASON PHILLIPS et al., Respondents, v. HENRY B's, INC., et al., Respondents, and JON W. BUCHWALD, Individually and as Owner of Property at 86 Fall Street, Appellant.

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

Decided June 17, 2011.


It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and dismissing the complaint against defendant Jon W. Buchwald, individually and as owner of property at 86 Fall Street, except to the extent that the complaint, as amplified by the bill of particulars, alleges that he had actual or constructive notice of a recurring dangerous condition that contributed to plaintiff's accident and as modified the order is...

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