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PACHECO v. KUSHNER COMPANIES

Nos. 14933/07, 5774.

88 A.D.3d 550 (2011)

931 N.Y.S.2d 54

2011 NY Slip Op 7351

DIANA PACHECO, Respondent, v. KUSHNER COMPANIES et al., Defendants. KUSHNER COMPANIES et al., Third-Party Plaintiffs-Respondents, v. TOYS "R" US-DELAWARE, INC., Third-Party Defendant-Appellant.

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

Decided October 20, 2011.

The court correctly denied the motion of tenant Toys "R" Us for summary judgment insofar as it sought dismissal of the third-party complaint in its entirety, since tenant failed to eliminate all triable issues of fact with respect to whether it was responsible for maintaining the sidewalk where plaintiff's accident occurred. Toys "R" Us established which lease controlled, but the lease provision regarding its responsibility for...

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