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DOLLARD v. WB/STELLAR IP OWNER, LLC

7936, 117084/09, 590494/10, 590159/11.

96 A.D.3d 533 (2012)

948 N.Y.S.2d 243

2012 NY Slip Op 4825

ROSE WELSH DOLLARD, Plaintiff, v. WB/STELLAR IP OWNER, LLC, et al., Defendants. (And a Third-Party Action.) WB/ STELLAR IP OWNER, LLC, Second Third-Party Plaintiff-Respondent, v. NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION, Second Third-Party Defendant, and FRIENDS OF GREENWICH STREET, INC., Second Third-Party Defendant-Appellant.

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

June 14, 2012.

Plaintiff was injured when she allegedly tripped and fell on a cracked and uneven portion of the sidewalk that abutted a building owned by defendant/second third-party plaintiff WB/Stellar IP Owner, LLC (Stellar). Stellar commenced this second third-party action against, inter alia, Friends and asserted claims for contribution and common-law indemnification.

"In assessing a motion under CPLR 3211 (a) (7) ... a court may freely consider affidavits submitted by the...

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