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EVANS v. CITY OF MT. VERNON

2017-02822. Index No. 52426/12.

163 A.D.3d 770 (2018)

81 N.Y.S.3d 176

2018 NY Slip Op 05282

Norma Evans, Respondent, v. City of Mt. Vernon, Defendant, and 120 East Prospect Avenue, LLC, Appellant.

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

Decided July 18, 2018.

Ordered that the order is affirmed, with costs.

The plaintiff alleges that in the afternoon of January 1, 2011, she fell on a sidewalk adjoining 120 East Prospect Avenue in Mount Vernon. In January 2012, she commenced this action to recover damages for personal injuries against, among others, 120 East Prospect Avenue, LLC (hereinafter the LLC), the owner of 120 East Prospect Avenue. The LLC was served by service upon the Secretary of State.

The LLC failed...

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