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DIAZ-PASCALL v. PEREIRA

Index No. 157504/13. Appeal No. 13199. Case No. 2020-02326.

191 A.D.3d 594 (2021)

143 N.Y.S.3d 345

2021 NY Slip Op 01194

Amanda Diaz-Pascall et al., Appellants, v. John Pereira, Defendant, and Irgang Group, Inc., et al., Respondents.

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

Decided February 25, 2021.

Attorney(s) appearing for the Case

Law Office of Tanya Gendelman, P.C., Brooklyn ( Robert T. Bean of counsel), for appellants.

Michael J. Devereaux & Associates, P.C. doing business as Devereaux Law Group, Northport ( Michael J. Devereaux of counsel), for Irgang Group, Inc., Mark Irgang and Jay Irgang, respondents.

White Werbel & Fino, LLP, New York ( Shelly K. Werbel of counsel), for Acacia, Inc., respondent.

Concur—Acosta, P.J., Renwick, Singh, Mendez, JJ.

This personal injury action arises from plaintiff Amanda Diaz-Pascall's trip and fall on a stairway inside a four-story mix-use building. There is no dispute that nonparty 77-79 E. 125th LLC owned the property on the day plaintiff fell.

The individual defendants are entitled to summary judgment dismissing the complaint and all cross claims as against them. The record shows that they did not own the building at the time of the accident, and there is no evidence that...

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