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DANIEL v. KHADU

2019-07588. Index No. 616134/18.

190 A.D.3d 817 (2021)

136 N.Y.S.3d 768

2021 NY Slip Op 00291

Sandra Daniel et al., Respondents, v. Allan Khadu, Appellant, et al., Defendant.

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

Decided January 20, 2021.

Attorney(s) appearing for the Case

Shearer PC, Locust Valley, NY ( Joseph A. Lupo, Jr. , and Mark G. Vaughan of counsel), for appellant.

Scott F. Guardino , PLLC, Garden City, NY, for respondents.

Rivera, J.P., Hinds-Radix, Duffy and Brathwaite Nelson, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Allan Khadu pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against him is granted.

The plaintiff Sandra Daniel (hereinafter the injured plaintiff) allegedly sustained personal injuries when she tripped and fell on an uneven condition on a sidewalk abutting property owned by the defendant Allan Khadu in the Village of Freeport. The injured plaintiff...

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