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HARRINGTON v. AZOGUES CORP.

Index No. 152830/18. Appeal No. 12529. Case No. 2020-02084.

191 A.D.3d 529 (2021)

138 N.Y.S.3d 338

2021 NY Slip Op 00996

John Harrington et al., Plaintiffs, v. Azogues Corp., Doing Business as Via Italia Restaurant, Respondent, and 77 N.Y. 46 St., LLC, et al., Appellants.

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

Decided February 16, 2021.

Attorney(s) appearing for the Case

Smith Mazure, P.C., New York ( Louise M. Cherkis of counsel), for appellants.

Clausen Miller, P.C., New York ( Djordje Caran and Don R. Sampen of the bar of the State of Illinois, admitted pro hac vice, of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Singh, Scarpulla, JJ.

Plaintiff was injured when he fell through open cellar doors in the sidewalk in front of premises owned and managed by 77 NY. The motion court should have granted the motion by 77 NY for a dismissal of the claims and cross claims asserted against them. There was no evidence that these defendants negligently or defectively constructed, maintained or repaired the premises or that there was any violation of Administrative Code of the City of New York § 28-301.1. Specifically...

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