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GALLIS v. 23-21 33 RD., LLC

2020-02427. Index No. 711774/17.

198 A.D.3d 730 (2021)

156 N.Y.S.3d 236

2021 NY Slip Op 05549

Konstantinos Gallis, Appellant, v. 23-21 33 Road, LLC, Defendant, and City of New York, Respondent.

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

Decided October 13, 2021.

Attorney(s) appearing for the Case

Max D. Leifer, P.C., New York, NY, for appellant.

Georgia M. Pestana , Corporation Counsel, New York, NY ( Jane L. Gordon and Lorenzo Di Silvio of counsel), for respondent.

Mastro, J.P., Miller, Connolly and Brathwaite Nelson, JJ., concur.

Ordered that the order is affirmed, with costs.

On March 5, 2017, the plaintiff allegedly was injured when he tripped and fell on an uneven or raised condition of a sidewalk that abutted property in Queens owned by the defendant 23-21 33 Road, LLC (hereinafter the LLC). The accident occurred on a part of the sidewalk that was near a tree. The plaintiff subsequently commenced this personal injury action against the LLC and...

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