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ROGERS v. HOWARD REALTY ESTATES, INC.

2015-11444, Index No. 18430/12.

145 A.D.3d 1051 (2016)

2016 NY Slip Op 08892

42 N.Y.S.3d 866

SEAN T. ROGERS, Respondent, v. HOWARD REALTY ESTATES, INC., et al., Defendants, and EMILIO GROCERY, Also Known as E&M GROCERY, Appellant.

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

Decided December 28, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly tripped and fell on a broken and uneven sidewalk in front of premises leased by the defendant Emilio Grocery, also known as E&M Grocery (hereinafter the defendant), and owned by the defendant Howard Realty Estates, Inc., in Brooklyn. The defendant's representative failed to appear for a deposition, despite numerous court...

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