KARPOVICH v. CITY OF NEW YORK

2017-05213, Index No. 518511/16.

162 A.D.3d 996 (2018)

80 N.Y.S.3d 364

2018 NY Slip Op 04706

Lyudmila Karpovich, Respondent, v. City of New York et al., Defendants, and Red Banana, LLC, Appellant.

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

Decided June 27, 2018.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Red Banana, LLC, pursuant to CPLR 3211 (a) (1) to dismiss the complaint insofar as asserted against it is granted.

The plaintiff alleged that on December 8, 2015, she tripped and fell over a defective portion of a sidewalk located at "430 Stanley Avenue and/or known as 840 Alabama Avenue" in Brooklyn (hereinafter the premises). The plaintiff commenced this action against the...

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