KALAJIAN v. 320 EAST 50TH STREET REALTY CO.

4705, 155902/14.

154 A.D.3d 528 (2017)

2017 NY Slip Op 07225

62 N.Y.S.3d 345

SIRA KALAJIAN, Plaintiff, v. 320 EAST 50TH STREET REALTY CO. et al., Appellants, 320-50 REALTY CO., LLC, Defendant, and THERESA M. WORNER HERBST, Respondent.

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

Decided October 17, 2017.


Plaintiff alleges that she tripped and fell over a misleveled sidewalk slab between properties owned by Herbst and by appellants. Herbst moved for summary judgment dismissing the complaint and cross-claims as against her on the ground that she is exempt from personal liability for failure to maintain the sidewalk because her property is a "one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential...

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