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SHAPIRO v. 89TH ST. DEV. CO. LLC

Index No. 153428/18. Appeal No. 789. Case No. 2023-01830.

220 A.D.3d 499 (2023)

198 N.Y.S.3d 19

2023 NY Slip Op 05211

Barbara Cover Shapiro, Respondent, v. 89th Street Development Company LLC et al., Appellants, et al., Defendant. 89th Street Development Company LLC et al., Third-Party Plaintiffs-Appellants, et al., Third-Party Defendant.

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

Decided October 12, 2023.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York ( Nicholas Bruno of counsel), for appellants.

Bergman, Bergman, Fields & Lamonsoff, LLP, Hicksville ( Clifford D. Gabel of counsel), for respondent.

Concur—Kapnick, J.P., Oing, Moulton, Higgitt, JJ.

Order, Supreme Court, New York County (Louis L. Nock, J.), entered on or about February 27, 2023, which, to the extent appealed from as limited by the briefs, denied defendant 89th Street Development Company LLC's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant was not entitled to dismissal of the complaint on the basis that the alleged defect on the sidewalk abutting its property was not the cause of plaintiff...

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