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VALDEZ v. UPPER CRESTON, LLC

Index No. 28096/17E. Appeal No. 15052. Case No. 2021-01676.

201 A.D.3d 560 (2022)

162 N.Y.S.3d 321

2022 NY Slip Op 00367

Entrice Valdez, Respondent, v. Upper Creston, LLC, et al., Defendants, and Geo Reentry, Inc., et al., Appellants.

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

Decided January 20, 2022.

Attorney(s) appearing for the Case

Lawrence, Worden, Rainis, & Bard, P.C., Melville ( Michael E. Shay of counsel), for appellants.

Roth & Khalife, LLP, New York ( Ronald H. Roth of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, González, Mendez, Rodriguez, JJ.

Plaintiff was injured when she was a resident of a halfway home in a building owned by defendant Upper Creston, LLC, and maintained, managed, operated, and controlled by defendants Geo Reentry, Inc. and Cornell Companies, Inc. Plaintiff had finished using the facilities in the residence's bathroom when she reached for a paper towel located above the toilet seat; as she did so, she stepped on a drain cover on the floor. The drain cover then collapsed under her foot, causing...

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