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BENTLEY v. ALL-STAR, INC.

10916, 155323/14.

179 A.D.3d 618 (2020)

118 N.Y.S.3d 99

2020 NY Slip Op 00673

Deborah J. Bentley, Respondent, v. All-Star, Inc., Defendant, Madison Avenue Realties, LLC, et al., Respondents-Appellants, and 314 5th Enterprises, Inc., Doing Business as Turntable Chicken Jazz, et al., Appellants-Respondents.

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

Decided January 30, 2020.

Plaintiff alleges she sustained injuries when the ceiling in defendant Treatsa Pizza's pizzeria collapsed on her. Defendants Madison Avenue Realties, LLC and 314 Fifth Avenue, Inc. are owners of the building, and defendant 314 5th Enterprises (Turntable) operated a restaurant on the second floor, above the pizzeria.

The court properly determined that issues of fact exist as to the liability of each of the defendants. The building owners and Treatsa contend that they...

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