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FERRER v. 120 UNION AVE., LLC

2020-03172. Index No. 517943/16.

205 A.D.3d 772 (2022)

165 N.Y.S.3d 889

2022 NY Slip Op 03096

Ines Ferrer, Appellant, v. 120 Union Avenue, LLC, et al., Respondents.

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

Decided May 11, 2022.

Attorney(s) appearing for the Case

Subin Associates, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac , Paul H. Seidenstock , and Greg Freedman ], of counsel), for appellant.

McMahon, Martine & Gallagher, LLP, Brooklyn, NY ( Dawn C. Wheeler and Patrick W. Brophy of counsel), for respondents.

Brathwaite Nelson, J.P., Roman, Christopher and Ford, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

The plaintiff commenced this action against the defendants to recover damages for personal injuries that she allegedly sustained when she tripped and fell on a cinder block on a walkway abutting the defendants' construction site. The defendants moved for summary judgment dismissing...

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