CAFARELLA v. 2180 REALTY CORP.

Nos. 8927, 350300/10.

102 A.D.3d 404 (2013)

958 N.Y.S.2d 92

2013 NY Slip Op 7

INESSA CAFARELLA et al., Respondents, v. 2180 REALTY CORP., Appellant, and J.L.F. HOME IMPROVEMENT, INC., Respondent, et al., Defendant.

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

Decided January 3, 2013.


Plaintiff Inessa Cafarella alleges that, while carrying the infant plaintiff, she tripped and fell over a brown or tan colored cement bag, about seven inches high and 16 inches wide, which was covered in gray dust, while entering the lobby of her apartment building. Plaintiff testified that this bag was being used to prop open the vestibule door and was placed on the floor, which was comprised of brown, gray and tan tiles, directly in front of the door.

Given plaintiff...

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