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BURGOS v. 14 E. 44 ST., LLC

2019-09571. Index No. 1198/16.

203 A.D.3d 688 (2022)

160 N.Y.S.3d 628

2022 NY Slip Op 01284

Jose Burgos, Plaintiff, v. 14 East 44 St., LLC, Respondent, and K&H 14, Inc., Doing Business as Bread & Butter, Appellant, et al., Defendants.

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

Decided March 2, 2022.

Attorney(s) appearing for the Case

Charles F. Harms, Jr. , Garden City, NY ( Michael Callari III of counsel), for appellant.

Michael Swinner (Golden, Rothschild, Spagnola, Lundell, Boylan, Garubo & Bell, P.C., New York, NY [ Eric S. Schlesinger , Aran J. O'Gara , and Vincent L. Gonzalez ], of counsel), for respondent.

Rivera, J.P., Chambers, Ford and Dowling, JJ. concur.

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

The plaintiff commenced this action to recover damages for personal injuries he allegedly sustained when he tripped and fell on a broken sidewalk flag on East 44th Street in Manhattan. At the time of the accident, one of the premises abutting the sidewalk was owned by the defendant 14 East 44 St., LLC (hereinafter 14 East). 14 East leased the premises to the defendant K&H 14, Inc. (hereinafter...

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