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LUNGEN v. HARBORS HAVERSTRAW HOMEOWNERS ASSN., INC.

2020-00545, 2020-03093, Index No. 31175/18.

206 A.D.3d 714 (2022)

170 N.Y.S.3d 159

2022 NY Slip Op 03717

Michael Lungen, Appellant, v. Harbors Haverstraw Homeowners Association, Inc., et al., Respondents, et al., Defendant.

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

Decided June 8, 2022.

Attorney(s) appearing for the Case

Neimark & Neimark LLP, New City, NY ( Ira H. Lapp of counsel), for appellant.

Barry McTiernan & Moore LLC, White Plains, NY ( Laurel A. Wedinger and David Schultz of counsel), for respondents.

Barros, J.P., Iannacci, Chambers and Dowling, JJ., concur.

Ordered that the appeal from the order dated January 14, 2020, is dismissed, without costs or disbursements, as that order was superseded by the order dated March 9, 2020, made upon reargument; and it is further,

Ordered that the order dated March 9, 2020, is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff allegedly was injured while playing basketball when he slipped on condensation that had accumulated on the floor of an...

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