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CAVARETTA v. MICHIGAN COOPERATIVE CORP.

2018-09649, Index No. 707838/15.

175 A.D.3d 1479 (2019)

106 N.Y.S.3d 894

2019 NY Slip Op 06739

Vita Cavaretta, Appellant, v. Michigan Cooperative Corp. et al., Respondents, et al., Defendant.

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

September 25, 2019.

Attorney(s) appearing for the Case

Bongiorno Law Firm (Edelstein & Grossman, New York, NY [ Jonathan I. Edelstein ], of counsel), for appellant.

Miller, Leiby & Associates, P.C., New York, NY ( Jeffrey A. Miller of counsel), for respondents.

Georgia M. Pestana , Acting Corporation Counsel, New York, NY ( Deborah E. Wassel of counsel), for defendant City of New York (no brief filed).

Dillon, J.P., Chambers, Duffy and Barros, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly tripped and fell on a broken curb in front of a cooperative apartment complex in Queens, which was owned by the defendant Michigan Cooperative Corp. and managed by the defendant Delkap Management, Inc. (hereinafter together the defendants).

The plaintiff subsequently commenced this personal injury action alleging, among other things, that the defendants made special...

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