POLLARD-LEITCH v. R & D UTICA REALTY, INC.

2019-10378. Index No. 10744/15.

186 A.D.3d 513 (2020)

129 N.Y.S.3d 182

2020 NY Slip Op 04416

Lavern L. Pollard-Leitch, Respondent, v. R & D Utica Realty, Inc., Appellant, et al., Defendants. (And a Third-Party Action.)

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

Decided August 5, 2020.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendant R & D Utica Realty, Inc., for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.

The plaintiff allegedly tripped and fell on a public sidewalk abutting a fenced-in parking lot allegedly owned by the defendant R & D Utica Realty, Inc. (hereinafter R & D), and others. She commenced this...

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