ROSARIO v. CAO

Index No. 24404/19, Appeal No. 1405, Case No. 2022-05313.

2024 NY Slip Op 00154

ANGELA ROSARIO, Plaintiff-Appellant, v. PETER Z. CAO, ET AL., Defendants-Respondents.

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

Decided January 11, 2024.


Attorney(s) appearing for the Case

Diamond and Diamond LLC, Brooklyn ( Stuart Diamond of counsel), for appellant.

Jeffrey Kim, P.C., Bayside ( Jeffrey Kim of counsel), for respondents.

Before: Renwick, P.J., Manzanet-Daniels, González, Rodriguez, Pitt-Burke, JJ.


Order, Supreme Court, Bronx County (Paul L. Alpert, J.), entered November 4, 2022, which granted defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff was injured when her foot went through the surface of a back deck of an apartment, creating a hole in the deck through which her body fell. Defendants, who owned the building, had purchased the property approximately 51 days...

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