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GOMEZ v. SAMARITAN DAYTOP VILLAGE, INC.

Index No. 27839/18E. Appeal No. 208. Case No. 2022-03210.

216 A.D.3d 456 (2023)

188 N.Y.S.3d 60

2023 NY Slip Op 02458

Jonathan Gomez, Appellant, v. Samaritan Daytop Village, Inc., Respondent/Third-Party Plaintiff-Respondent. Sera Security Services, LLC, Third-Party Defendant-Respondent.

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

Decided May 9, 2023.

Attorney(s) appearing for the Case

Ginarte Gallardo Gonzalez & Winograd, LLP, New York ( Timothy Norton of counsel), for appellant.

Black Marjieh & Sanford LLP, Elmsford ( Diana Reynoso of counsel), for Samaritan Daytop Village, Inc., respondent.

Shaub Ahmuty Citrin & Spratt, LLP, Lake Success ( Jonathan P. Shaub of counsel), for Sera Security Services, LLC, respondent.

Concur—Renwick, A.P.J., Kapnick, Gesmer, Pitt-Burke, Higgitt, JJ.

Order, Supreme Court, Bronx County (Kim Adair Wilson, J.), entered May 2, 2022, which, to the extent appealed from, granted defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff alleges that he was injured on November 23, 2015, between 8 p.m. and 9 p.m., when he slipped on a defective step on an interior staircase at a building located at 373 East 154th Street in the Bronx...

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