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VOGEL v. MARTOS DEVELOPMENT, LLC

15601, 310447/11

130 A.D.3d 401 (2015)

13 N.Y.S.3d 48

2015 NY Slip Op 05756

DANIEL S. VOGEL et al., Appellants, v. MARTOS DEVELOPMENT, LLC, et al., Respondents.

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

Decided July 2, 2015.

Plaintiff Daniel Vogel fainted and struck his head against the "ledge" separating the shower stall from the rest of his bathroom, sustaining lacerations to his forehead, face and cornea. Defendants tiled the ledge during renovation work on plaintiff's apartment. Plaintiff, with his wife proceeding derivatively, commenced this action against defendants, alleging that they negligently constructed the shower ledge with a sharp edge...

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