RODRIGUEZ v. KWIK REALTY, LLC

Index No. 160267-17. Appeal No. 201. Case No. 2022-02482.

216 A.D.3d 477 (2023)

189 N.Y.S.3d 113

2023 NY Slip Op 02471

Santa Rodriguez et al., Appellants, v. Kwik Realty, LLC, et al., Respondents.

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

Decided May 9, 2023.


Attorney(s) appearing for the Case

Abrams Fensterman, LLP, Brooklyn ( Michael S. Kelton of counsel), for appellants.

Hinshaw & Culbertson LLP, New York ( Concepcion A. Montoya and Kimberly A. Jansen of the bar of the State of Illinois, admitted pro hac vice, of counsel), for respondents.

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


Order, Supreme Court, New York County (William Perry, J.), entered on or about March 21, 2022, which granted defendants' motion for summary judgment dismissing the complaint and denied plaintiffs' cross-motion for summary judgment as to liability, unanimously modified, on the law, to deny defendants' motion for summary judgment, and otherwise affirmed, without costs.

On December 18, 2016, at about 1:00 a.m., plaintiff Santa Rodriguez slipped and fell on water in the...

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