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HERRERA v. VARGAS

11577. 302090/15.

183 A.D.3d 542 (2020)

2020 NY Slip Op 03082

Omar Herrera, Appellant, v. Carlos Vargas, Respondent. (And a Third-Party Action.).

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

Decided May 28, 2020.

In this action arising from plaintiff's slip-and-fall on snow and ice, the court's determination that defendant was entitled to summary judgment dismissing the complaint on the ground that he is an out-of-possession landlord is no longer sound in light of the Court of Appeals's decision in Xiang Fu He v Troon Mgt., Inc. (34 N.Y.3d 167 [2019]). Moreover, even if, as defendant urges, plaintiff was required to plead defendant...

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