ACOSTA v. JOSCO REALTY CO., LLC

10707, 15363/99.

110 A.D.3d 461 (2013)

973 N.Y.S.2d 53

2013 NY Slip Op 6501

RICARDO ACOSTA, an Infant, by His Father and Natural Guardian GUSTAVO ACOSTA, et al., Respondents, v. JOSCO REALTY CO., LLC, et al., Appellants, et al., Defendants.

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

Decided October 8, 2013.


Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered May 22, 2012, which, to the extent appealed from, denied defendants Josco Realty Co., LLC's and 1452 Beach Avenue Real Estate Inc.'s motions for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Defendants failed to establish prima facie that they did not breach their duty to maintain their premises in a reasonably safe manner (see Boderick v R.Y....

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