AHMETAJ v. MOUNTAINVIEW CONDOMINIUM

2018-00239, Index No. 31004/15.

171 A.D.3d 683 (2019)

98 N.Y.S.3d 104

2019 NY Slip Op 02489

Rustem Ahmetaj et al., Appellants, v. Mountainview Condominium, Defendant, and Mountainview Condominium Association, Respondent.

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

Decided April 3, 2019.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Mountainview Condominium Association for summary judgment dismissing the complaint insofar as asserted against it is denied.

On February 10, 2015, between 6:30 and 7:00 p.m, the plaintiff Rustem Ahmetaj (hereinafter the plaintiff) allegedly slipped and fell on ice on a cement walkway (hereinafter the breezeway) of a condominium complex. The plaintiff, and his wife suing derivatively...

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