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GIBEL v. RESNIK HOLDINGS OF MT VERNON, INC.

30761/2010

42 Misc.3d 887 (2014)

978 N.Y.S.2d 675

2014 NY Slip Op 24010

DREANA GIBEL, Plaintiff, v. RESNIK HOLDINGS OF MT VERNON, INC., Defendant and Third-Party Plaintiff. INTERNATIONAL MERCHANTS SERVICES, INC., et al., Third-Party Defendants.

Supreme Court, Westchester County.

Decided January 8, 2014.

Attorney(s) appearing for the Case

Litchfield Cavo, New York City, for defendant and third-party plaintiff.

Moskowitz Passman & Edelman, New York City, for plaintiff.

Gambeski & Frum, Elmsford, for International Merchants Services, Inc., third-party defendant.

OPINION OF THE COURT

WILLIAM J. GIACOMO, J.

Factual and Procedural Background

On Sunday, February 14, 2010, at about 7:30 p.m., plaintiff slipped and fell on chunks of ice in front of East 5th Street near its intersection with South Fulton Avenue, Mount Vernon.

On February 17, 2012, plaintiff commenced this personal injury action against defendant, the owner of the building located at 336 South Fulton Avenue, Mount Vernon. Defendant then...

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