LEUNG v. MADISON ST. PARTNERS, LLC

Index No. 157788/18. Appeal No. 15562. Case No. 2021-02384.

203 A.D.3d 578 (2022)

162 N.Y.S.3d 715

2022 NY Slip Op 01967

King Leung et al., Appellants, v. Madison Street Partners, LLC, et al., Respondents.

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

Decided March 22, 2022.


Attorney(s) appearing for the Case

Friedman, Levy, Goldfarb & Green, P.C., New York ( Michael D. Ricchiuto of counsel), for appellants.

Koster, Brady & Nagler, LLP, New York ( Warren S. Koster of counsel), for respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Singh, Kennedy, Scarpulla, JJ.


Plaintiff King Leung was allegedly injured when he tripped and fell on a plastic tie that had been used to close a garbage bag; the bag had been placed on the sidewalk adjacent to the premises owned by defendant Madison Street Partners, LLC and leased to defendant Lee Chung Café.

Defendants established prima facie entitlement to summary judgment. The photographs in the record, taken by plaintiff's wife immediately after the accident, established that the garbage...

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