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ELLIS v. NEWMARK & CO. REAL ESTATE, INC.

Index No. 161342/19. Appeal No. 16448. Case No. 2022-01904.

209 A.D.3d 520 (2022)

177 N.Y.S.3d 15

2022 NY Slip Op 05785

Lavern Ellis, Respondent, v. Newmark & Company Real Estate, Inc., Appellant.

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

Decided October 18, 2022.

Attorney(s) appearing for the Case

Cartafalsa, Turpin & Lenoff, New York ( Louis A. Carotenuto of counsel), for appellant.

Slater, Sgarlato & Cappello, P.C., Staten Island ( Shaun Gregory White of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Oing, Kennedy, Mendez, JJ.

Order, Supreme Court, New York County (Richard Latin, J.), entered April 12, 2022, which denied defendant's motion for summary judgment dismissing the complaint and granted plaintiff's motion for leave to file and serve a supplemental summons and complaint to name 515 Madison Avenue, LLC, Newmark Family Properties LLC (NFP), and GFP Real Estate LLC as defendants, unanimously affirmed, without costs.

The instant action involves a trip-and-fall on an alleged loose threshold...

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