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CARRASQUILLO v. WILFRED REALTY CORP.

Index No. 24829/15E. Appeal Nos. 15957-15957A. Case Nos. 2021-04238, 2021-04239.

205 A.D.3d 516 (2022)

166 N.Y.S.3d 522

2022 NY Slip Op 03207

Victor Carrasquillo, Respondent, v. Wilfred Realty Corp., Appellant.

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

Decided May 17, 2022.

Attorney(s) appearing for the Case

Law Offices of Terrence F. Kuhn, New York ( Crystal E. Nagy of counsel), for appellant.

The Yankowitz Law Firm, P.C., Great Neck ( Steven R. Widom of counsel), for respondent.

Concur— Mazzarelli, J.P., Oing, Moulton, González, Kennedy, JJ.

Plaintiff alleges that he was injured on May 6, 2014 when he fell down a defective and unsafe stairway while working for nonparty ABCO, LLC. The premises are owned by defendant Wilfred Realty Corporation (Wilfred). ABCO's business is based at the premises.

After an initial default in answering the complaint, and the entry of a default judgment, and the vacatur of the default judgment by stipulation, and an additional three years of litigation, defendant moved to amend...

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