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BRANACH v. BELVEDERE VIII, LLC

2019-01397. Index No. 503700/17.

189 A.D.3d 1532 (2020)

135 N.Y.S.3d 299

2020 NY Slip Op 08032

Ludwik Branach, Respondent, v. Belvedere VIII, LLC, et al., Defendants, Chana Goodman, Appellant, and City of New York, Respondent.

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

James J. Toomey , New York, NY ( Jason Meneses of counsel), for appellant.

William Schwitzer & Associates, P.C., New York, NY ( D. Allen Zachary of counsel), for plaintiff-respondent.

James E. Johnson , Corporation Counsel, New York, NY ( Claude S. Platton and Eva L. Jerome of counsel), for defendant-respondent.

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

Ordered that the order is reversed, on the law, with one bill of costs, and the motion of the defendant Chana Goodman for summary judgment dismissing the complaint and all cross claims insofar as asserted against her is granted.

On October 13, 2016, the plaintiff allegedly tripped and fell on a defective sidewalk abutting two properties in Brooklyn. Thereafter, the plaintiff commenced the instant action against, among others, the defendant Chana Goodman, who owned...

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