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CRIMLIS v. CITY OF NEW YORK

150341/15. 59516/17. 595398/18. Appeal No. 14878. Case No. 2021-01173.

200 A.D.3d 555 (2021)

161 N.Y.S.3d 8

2021 NY Slip Op 07063

Lawrence Crimlis, Plaintiff, v. City of New York, Defendant, Bleecker Towers Tenants Corp., Appellant, and Atrium et al., Respondents. Atrium et al., Third-Party Plaintiffs-Respondents, v. 644 BRDY Realty, Inc., Third-Party Defendant-Respondent. (And a Second Third-Party Action.).

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

Decided December 16, 2021.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains ( Joseph A.H. McGovern of counsel), for appellant.

McMahon, Martine & Gallagher, LLP, Brooklyn ( Patrick W. Brophy of counsel), for Atrium and The Atrium Trading Group, Inc., respondents.

Law Office of James J. Toomey, New York ( Evy L. Kazansky of counsel), for 644 BRDY Realty, Inc., respondent.

Concur—Kapnick, J.P., Friedman, González, Rodriguez, Pitt, JJ.

Plaintiff commenced this action for personal injuries he sustained when he tripped and fell on a defect in the sidewalk abutting premises owned by Bleecker Towers, which leased the commercial portion of the premises to BRDY Realty, which, in turn, subleased that portion of the premises to Atrium. Plaintiff initially commenced this action against Bleecker Towers on January 20, 2015, and on May 1, 2017, BRDY Realty was added as a direct defendant. The note of issue was filed...

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