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MSCICHOWSKI v. 601 BBA, LLC

2014-05301, Index No. 7397/11.

134 A.D.3d 996 (2015)

22 N.Y.S.3d 506

2015 NY Slip Op 09408

KAZIMIERZ MSCICHOWSICI, Respondent, v. 601 BBA, LLC, Defendant/Third-Party Plaintiff, et al., Defendant. 601 BRIGHTON BEACH DELI, Third-Party Defendant-Appellant.

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

Decided December 23, 2015.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the third-party defendant's cross motion for summary judgment dismissing the third-party complaint is granted.

The plaintiff allegedly was injured when he tripped and fell on a defect in the sidewalk abutting commercial property owned by the defendant/third-party plaintiff, 601, BBA, LLC (hereinafter 601 BBA). The third-party defendant, 601 Brighton Beach Deli (hereinafter 601...

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