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BUTNIK v. LUNA PARK HOUS. CORP.

2018-02760. Index No. 502337/14.

200 A.D.3d 993 (2021)

158 N.Y.S.3d 240

2021 NY Slip Op 07293

Suellen Butnik et al., Appellants, v. Luna Park Housing Corp., Defendant, and Technical Construction Services, Inc., Respondent. (And Third-Party Actions.)

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

Decided December 22, 2021.

Attorney(s) appearing for the Case

Zaremba Brown PLLC (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Jillian Rosen ], of counsel), for appellants.

Wilson Elser Moskowitz Edelman & Dicker, LLP, New York, NY ( I. Elie Herman of counsel), for respondent.

Smith Mazure Director Wilkins Young & Yagerman, P.C., New York, NY ( Louise M. Cherkis of counsel), for third-party/second third-party defendant Toron Restoration Corp.

Dillon, J.P., Christopher, Wooten and Zayas, JJ., concur.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

On June 27, 2013, the plaintiff Suellen Butnik (hereinafter the injured plaintiff) allegedly was injured while attempting to open a window in her apartment. The window had a crack in the glass pane, which shattered, and fell onto the injured plaintiff's hand. The injured plaintiff, and her husband suing derivatively, commenced this action to recover damages for personal injuries against Technical...

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