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BRANACH v. BELVEDERE VIII, LLC

2018-13076. Index No. 503700/17.

189 A.D.3d 1531 (2020)

135 N.Y.S.3d 301

2020 NY Slip Op 08031

Ludwik Branach, Plaintiff, v. Belvedere VIII, LLC, Appellant, and Chana Goodman et al., Respondents, et al, Defendants.

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

Dominic L. Chiariello , Glen Cove, NY, for appellant.

James E. Johnson , Corporation Counsel, New York, NY ( Jane L. Gordon and Daniel Matza-Brown of counsel), for respondent City of New York.

Rivera, J.P., Cohen, Hinds-Radix and Iannacci, JJ., concur.

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

On October 13, 2016, the plaintiff allegedly was injured when he tripped and fell on a defective sidewalk abutting 212 Calyer Street and 214 Calyer Street in Brooklyn. Thereafter, the plaintiff commenced this action against, among others, the defendant...

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