UNCYK v. CEDARHURST PROP. MGT., LLC

572, 158857/12.

137 A.D.3d 610 (2016)

29 N.Y.S.3d 263

2016 NY Slip Op 02037

CHANA UNCYK, Appellant, v. CEDARHURST PROPERTY MANAGEMENT, LLC, Defendant, and SPRUCE STREET ASSOCIATES, LLC, et al., Respondents.

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

Decided March 22, 2016.


Plaintiff alleges that she tripped and fell on a broken sidewalk and curb in front of a strip mall owned by the Baumstein defendants and subleased to defendant Spruce Street Associates, LLC (SSA). Defendants made a prima showing of their entitlement to summary judgment, by submitting deposition testimony and an affidavit from SSA's managing member stating that SSA never did any work on the sidewalk where plaintiff fell, that he never received complaints about the sidewalk...

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