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HARRINGTON v. AZOGUES CORP.

Index No. 152830/18. Appeal No. 12529. Case No. 2020-02084.

189 A.D.3d 434 (2020)

137 N.Y.S.3d 16

2020 NY Slip Op 07275

John Harrington et al., Plaintiffs, v. Azogues Corp., Doing Business as Via Italia Restaurant, Respondent, and 77 N.Y. 46 St., LLC, et al., Appellants.

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

Decided December 3, 2020.

Attorney(s) appearing for the Case

Smith Mazure, P.C., New York ( Louise M. Cherkis of counsel), for appellants.

Clausen Miller, P.C., New York ( Don R. Sampen of the bar of the State of Illinois, admitted pro hac vice, and Djordje Caran of counsel), for respondent.

Concur— Renwick, J.P., Manzanet-Daniels, Mazzarelli, Singh, Scarpulla, JJ.

Plaintiff was injured when he fell through open cellar doors in the sidewalk in front of premises owned and managed by 77 NY. It is undisputed that an employee of defendant Azogues Corp., the first-floor tenant, had opened the cellar doors from the basement in violation of the usual procedure of opening the doors from the sidewalk to ensure the safety of pedestrians. Indeed, plaintiff did not oppose 77 NY's motion with respect to the dismissal of the complaint as against...

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