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LEE v. WIDLANSKI

Index No. 153371/18. Appeal No. 3. Case No. 2022-02732.

215 A.D.3d 457 (2023)

186 N.Y.S.3d 640

2023 NY Slip Op 01866

Eva Lee, as Proposed Administratrix of the Estate of Grace Lee, Deceased, Appellant, v. Philip Widlanski et al., Respondents. (And a Third-Party Action.)

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

Decided April 11, 2023.

Attorney(s) appearing for the Case

Hach & Rose LLP, New York ( Joseph Guardino of counsel), for appellant.

French & Casey, LLP, New York ( Elizabeth K. Kimundi of counsel), for Philip Widlanski and Wid Realty Corp., respondents.

Gannon Rosenfarb & Drossman, New York ( Lisa L. Gokhulsingh of counsel), for 299 Columbus Ave LLC, respondent.

Concur—Webber, J.P., Oing, Singh, González, Mendez, JJ.

Order, Supreme Court, New York County (William Perry, J.), entered May 26, 2022, which, to the extent appealed from as limited by the briefs, granted defendants' motions for summary judgment dismissing the complaint and all cross claims against them, unanimously affirmed, without costs.

Plaintiff was folding decedent's wheelchair by the exterior front steps of their building, when the 89-year-old decedent, who had walked to the top of the staircase, fell backwards...

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