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MORALES v. 569 MYRTLE AVENUE, LLC

17 A.D.3d 418 (2005)

793 N.Y.S.2d 145

JUAN MARTINEZ MORALES et al., Respondents, v. 569 MYRTLE AVENUE, LLC, Respondent-Appellant, MAXIMUM DISTRIBUTORS, INC., Appellant-Respondent, and REGIONAL CONSTRUCTION CORPORATION, Respondent. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 11, 2005.

On July 30, 2001, the plaintiff Juan Martinez Morales (hereinafter the plaintiff) allegedly sustained personal injuries when he was struck on the head by a piece of cement as he walked on the sidewalk adjacent to a construction site located at 569-577 Myrtle Avenue in Brooklyn (hereinafter the premises). The premises were owned by the defendant 569 Myrtle Avenue, LLC (hereinafter 569 Myrtle). On April 19, 2000, 569 Myrtle contracted with the defendant Maximum Distributors...

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