CORTES v. ALN RESTAURANT, INC.

413N, 158942/12.

137 A.D.3d 467 (2016)

26 N.Y.S.3d 283

2016 NY Slip Op 01582

BENJAMIN CORTES, Appellant, v. ALN RESTAURANT, INC., et al., Appellants. 180 HESTER STREET INVESTORS LLC, Nonparty Respondent.

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

Decided March 3, 2016.


Plaintiff alleges that on March 22, 2010 he tripped and fell on "the interior steps/staircase" in the premises at issue, which is currently owned by 180 Hester. Plaintiff commenced this action on or about December 6, 2012, and served defendants in January 2013. Defendants answered the complaint in March 2013. On April 18, 2014, defendants' counsel e-mailed 180 Hester's counsel, "in furtherance of ... recent correspondence," and requested permission to inspect the premises...

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