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UMANA v. TOWER EAST CONDOMINIUM

2020-03969. Index No. 712270/18.

208 A.D.3d 710 (2022)

171 N.Y.S.3d 912

2022 NY Slip Op 04994

Juan Umana, Respondent, v. Tower East Condominium et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided August 17, 2022.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker, LLP, White Plains, NY ( Joseph A. H. McGovern of counsel), for appellants.

Sullivan Papain Block McGrath Coffinas & Cannavo, P.C., New York, NY ( Nicholas Papain and Stephen C. Glasser of counsel), for respondent.

Dillon, J.P., Iannacci, Rivera and Wooten, 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 as a result of being struck by the top of a water tower that fell from the roof of a condominium building. After the plaintiff filed a note of issue in the action, the defendants Tower East Condominium, Board of Managers of the Tower East Condominium...

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