KASTIN v. OHR MOSHE TORAH INST., INC.

2017-10498, Index No. 605777/14.

170 A.D.3d 697 (2019)

95 N.Y.S.3d 292

2019 NY Slip Op 01582

Howard Kastin et al., Appellants, v. Ohr Moshe Torah Institute, Inc., Respondent, et al., Defendant.

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

Decided March 6, 2019.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Ohr Moshe Torah Institute, Inc., for summary judgment dismissing the amended complaint insofar as asserted against it is denied.

On September 1, 2014, at approximately 12:15 p.m., the plaintiff Howard Kastin (hereinafter the injured plaintiff) allegedly fell into a three-foot-deep hole adjacent to a fence post which was being installed as part of a new fencing system on premises...

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