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DOWNING v. J. ANTHONY ENTERPRISES, INC.

2019-03148. Index No. 10627/14.

189 A.D.3d 1541 (2020)

140 N.Y.S.3d 105

2020 NY Slip Op 08038

Henry J. Downing, Appellant, v. J. Anthony Enterprises, Inc., 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

Louis J. Cerrato, P.C., Garden City South, NY, for appellant.

Law Office of Charles H. Harms, Jr., Garden City, NY ( James R. Pieret of counsel), for respondent J. Anthony Enterprises, Inc.

Gerber Ciano Kelly Brady LLP, Garden City, NY ( Brian W. McElhenny of counsel), for respondent Village of Port Washington North.

Mastro, J.P., LaSalle, Connolly and Wooten, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and those branches of the separate motions of the defendants J. Anthony Enterprises, Inc., and Village of Port Washington North which were for summary judgment dismissing the complaint insofar as asserted against each of them are denied.

On October 12, 2013, at approximately 5:00 a.m., the plaintiff allegedly tripped in a hole in the crosswalk at the intersection of Manhasset...

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