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SHAMILOVA v. BERKOWITZ

Index No. 303939/09. Appeal No. 13287. Case No. 2019-04949.

192 A.D.3d 491 (2021)

144 N.Y.S.3d 28

2021 NY Slip Op 01493

Joseph Shamilova, as Executor of the Estate of Khava Shamilova, Deceased, Respondent, v. Elissa Berkowitz et al., Appellants.

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

Decided March 11, 2021.

Attorney(s) appearing for the Case

Lewis Johs Avallone Aviles, LLP, Islandia ( Amy E. Bedell of counsel), for Elissa Berkowitz, appellant.

Wade Clark Mulcahy LLP, New York ( Raymond Gonzalez of counsel), for Dora Lieberman Irrevocable Grantor Trust, appellant.

McCabe, Collins, McGeough, Fowler, Levine & Nogan, LLP, Carle Place ( John E. McLoughlin of counsel), for Judith Sabo and Solomon Sabo, appellants.

Barry McTiernan & Moore LLC, New York ( David H. Schultz of counsel), for Yeshiva Shaare Torah, Inc., appellant.

Mallilo & Grossman, Flushing ( Spencer R. Bell of counsel), for respondent.

Concur—Gische, J.P., Singh, Moulton, González, JJ.

In this personal injury action, plaintiff's decedent,1 Khava Shamilova (Shamilova), was exiting a vehicle when she slipped and fell on ice as she stepped onto the sidewalk that either abutted or was part of the property owned by defendant Elissa Berkowitz. It is undisputed that defendants Lieberman Trust (Lieberman), Judith and Solomon Sabo (collectively Sabo) and Yeshiva Shaare Torah, Inc. (Yeshiva) (collectively the easement holders) had an...

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