PEREZ v. WENDELL TERRACE OWNERS CORP.

2015-00522. Index Nos. 7659/11, 7289/13.

150 A.D.3d 1162 (2017)

54 N.Y.S.3d 655

2017 NY Slip Op 04156

VICTOR PEREZ, Appellant, v. WENDELL TERRACE OWNERS CORP., Respondent. (Action No. 1.) VICTOR PEREZ, Appellant, v. ARAS PROPERTIES, INC., Respondent. (Action No. 2.)

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

Decided May 24, 2017.


Ordered that the order is reversed, on the law, with costs, and the joint motion of the defendant in Action No. 1 and the defendant in Action No. 2 for summary judgment dismissing the complaint in each action is denied.

The plaintiff alleges that on January 6, 2011, he exited his apartment, walked down a carpeted hallway towards the entrance of a stairwell and, after entering the stairwell, began to descend the stairs. When he took the first step down, his right foot...

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