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HEALY v. 169 E. 69TH ST. CORP.

Index No. 154737/15. Appeal No. 12741N. Case No. 2020-01963.

189 A.D.3d 680 (2020)

139 N.Y.S.3d 163

2020 NY Slip Op 07999

Nancy Healy, Respondent, v. 169 East 69th Street Corporation et al., Respondents, and Jacques Torres Adventures LLC et al., Appellants, et al., Defendants.

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

Decided December 29, 2020.

Attorney(s) appearing for the Case

Law Office of James J. Toomey, New York ( Evy Kazansky of counsel), for Jacques Torres Adventures LLC, Jacques Torres Retail, LLC, Jacque Torres Manufacturing LLC, and Jacques Torres Stores, LLC, appellants.

Morris Duffy Alonso & Faley, New York ( Iryna S. Krauchanka of counsel), for Residential Management Group, appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac , of counsel), for Nancy Healy, respondent.

Durkin & Durkin, LLC, New York ( Stephen M. Knudsen , of counsel), for 169 East 69th Street Corporation, Freidland Properties, Inc., Lawrence Friedland and Melvin Friedland, respondents.

Concur—Webber, J.P., Mazzarelli, Gesmer, Moulton, González, JJ.

Plaintiff was injured when she slipped and fell on the sidewalk abutting the premises owned by 169 East, a cooperative building with commercial and residential units. Friedland was the proprietary lessee of the commercial unit directly in front of where the sidewalk defect was located. Friedland leased the unit to nonparty Best Buy, which in turn subleased it to Torres. Elliman was the property manager for the premises pursuant to a contract with 169 East.

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