CALLE v. ELMHURST WOODSIDE, LLC

2018-01825. Index No. 707959/14.

189 A.D.3d 1533 (2020)

135 N.Y.S.3d 300

2020 NY Slip Op 08033

Jonathan Calle et al., Respondents, v. Elmhurst Woodside, LLC, Appellant.

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

Decided December 30, 2020.


Attorney(s) appearing for the Case

Margaret G. Klein (Mauro Lilling Naparty LLP, Woodbury, NY [ Matthew W. Naparty and Kathryn M. Beer ], of counsel), for appellant.

Dell & Dean, PLLC, Garden City, NY ( Jay J. Massaro of counsel), for respondents.

Mastro, J.P., Miller, Duffy and Brathwaite Nelson, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment is granted.

The infant plaintiff was the victim of an assault in the alleyway of a building owned by the defendant. At his deposition, the infant plaintiff testified that while he was in the building's vestibule, he was accosted by an unknown assailant and assaulted in the alleyway on the side of the building. The infant plaintiff, by his father and natural...

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