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OSARIO v. NYSANDY4 NBP19 LLC

Index No. 34317/19E. Appeal No. 835. Case No. 2022-03641.

220 A.D.3d 541 (2023)

198 N.Y.S.3d 32

2023 NY Slip Op 05322

Carolyn Osario, Appellant, v. NYSandy4 NBP19 LLC et al., Respondents.

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

Decided October 19, 2023.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for appellant.

Pillinger Miller Tarallo, LLP, Elmsford ( Mitchell S. Cohen of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kern, Scarpulla, Mendez, O'Neill Levy, JJ.

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about June 29, 2022, which denied plaintiff's motion for summary judgment on liability, unanimously affirmed, without costs.

Plaintiff established prima facie her entitlement to summary judgment by submitting evidence showing that defendants' building superintendent had actual and constructive notice of the hazardous ceiling condition that caused a...

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