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VASQUEZ v. GIANDON REALTY, LLC

2019-06199. Index No. 3070/16.

189 A.D.3d 1120 (2020)

133 N.Y.S.3d 840

2020 NY Slip Op 07424

Flora Vasquez, Respondent, v. Giandon Realty, LLC, Appellant, et al., Defendants.

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

Decided December 9, 2020.

Attorney(s) appearing for the Case

Farber Brocks & Zane LLP, Garden City, NY ( Lester Chanin of counsel), for appellant.

Subin Associates, LLP, New York, NY ( Eric D. Subin and Pollack, Pollack, Isaac & DeCicco, LLP [ Brian J. Isaac and Jillian Rosen ], of counsel), for respondent.

Mastro, J.P., Roman, Hinds-Radix and Connolly, JJ. concur.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Giandon Realty, LLC, for summary judgment dismissing the complaint insofar as asserted against it is granted.

On Monday, January 25, 2016, at about 8:10 a.m., the plaintiff allegedly slipped and fell on a thin layer of ice on a sidewalk abutting premises owned by the defendant Giandon Realty, LLC (hereinafter Giandon), which leased the premises to a restaurant. The plaintiff...

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