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PETTINATO v. EQR-RIVERTOWER

Index No. 159909/16. Appeal No. 16441. Case No. 2021-03134.

213 A.D.3d 46 (2023)

182 N.Y.S.3d 64

2023 NY Slip Op 00068

LAURA PETTINATO et al., Respondents, v. EQR-RIVERTOWER, LLC, et al., Appellants, et al., Defendant.

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

Decided January 10, 2023.

Attorney(s) appearing for the Case

Tyson & Mendes LLP, New York City ( Bryan J. Ferrara , of counsel), for EQR-Rivertower, LLC and others, appellants.

Rosenbaum & Taylor, P.C., White Plains ( Leslie Luke and Tracy L. Frankel of counsel), for River Tower Owner, LLC, appellant.

McMahon, Martine & Gallagher, LLP, Brooklyn ( Patrick W. Brophy of counsel), for respondents.

FRIEDMAN, SHULMAN and HIGGITT, JJ., concur with RENWICK, J.P; SINGH, J., dissents in part in a separate opinion.

OPINION OF THE COURT

In this personal injury action, plaintiff's complaint alleges that she slipped while exiting the shower/bathtub and fell on the shower track, in the bathroom of her apartment, in the building owned and operated by defendants. Plaintiff claims that she suffered serious and permanent injuries to her genital...

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