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MEDINA-DIAZ v. 540 W. 145 LLC

154064/16. Appeal No. 12972. Case No. 2020-02316.

190 A.D.3d 646 (2021)

2021 NY Slip Op 00497

Milagros Medina-Diaz, Respondent, v. 540 West 145 LLC et al., Appellants. Sole 145 Inc., Sued Herein as Sole, Third-Party Plaintiff-Appellant, v. City of New York, Third-Party Defendant-Respondent.

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

Decided January 28, 2021.

Attorney(s) appearing for the Case

Law Office of Tromello & Fishman, Tarrytown ( D. Bradford Sessa of counsel), for appellants.

James E. Johnson , Corporation Counsel, New York ( Elizabeth I. Freedman of counsel), for municipal respondent.

Concur—Acosta, P.J., Webber, Oing, Scarpulla, JJ.

Plaintiff alleges that she fell on the sidewalk in front of 540 West 145th Street in Manhattan, a building owned by defendant 540 West 145 LLC and managed by defendant Axion Management LLC. Defendant/third-party plaintiff Sole 145 Inc. (Sole) leased retail space on the ground floor of the building.

In the third-party complaint, Sole alleges that third-party defendant City of New York (City) was required to maintain the area where plaintiff fell because it was located...

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