MEDINA v. FISCHER MILLS CONDO ASSOCIATION

152846/16, 11052A, 11052.

181 A.D.3d 448 (2020)

117 N.Y.S.3d 578

2020 NY Slip Op 01567

Esteban Medina, Plaintiff, v. Fischer Mills Condo Association et al., Defendants, Unity Operating Corp., Respondent, and Wichcraft Operating, LLC, Appellant. (And a Third-Party Action.)

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

Decided March 10, 2020.


Plaintiff alleges that he slipped and fell on a patch of ice on the sidewalk in front of a store leased by defendant Wichcraft from defendant Unity, which owned the commercial condominium unit and was responsible for the awning overhanging the sidewalk. In discovery, plaintiff disclosed that he intended to call experts who would opine that the icy condition was caused by melting snow and ice dripping from the awning onto the sidewalk...

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