CURRAN v. 201 W. 87TH ST., L.P.

2014-10728. Index No. 20305/12.

151 A.D.3d 931 (2017)

2017 NY Slip Op 05064

54 N.Y.S.3d 303

EMMETT CURRAN et al., Respondents, v. 201 WEST 87TH STREET, L.P., Appellant, et al., Defendant.

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

Decided June 21, 2017.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant 201 West 87th Street, L.P., which was for summary judgment dismissing the complaint insofar as asserted against it is granted.

The plaintiff Emmett Curran, while walking inside a deli where he was a customer, allegedly sustained injuries when he fell through a trapdoor that had been left open by a deli employee. The deli was operated...

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