BEN-AHARON v. NEW YORK CITY SAKS, LLC


15 Misc.3d 71 (2007)

836 N.Y.S.2d 754

IRIT BEN-AHARON, Respondent, v. NEW YORK CITY SAKS, LLC, Respondent-Appellant, et al., Respondent, and M.E. SABOSIK ASSOCIATES, Appellant-Respondent. NEW YORK CITY SAKS, LLC, Respondent-Appellant, v. J. TUCCI CONSTRUCTION CO., Respondent, and M.E. SABOSIK ASSOCIATES, Appellant-Respondent.

Supreme Court, Appellate Term, Second Department.

February 28, 2007.


Attorney(s) appearing for the Case

Tromello, McDonnell & Kehoe, Melville (Stephen J. Donnelly of counsel), for appellant-respondent.

Morrison & Wagner, LLP, New York City (Stuart Wagner of counsel), for Irit Ben-Aharon, respondent.

Lester Schwab Katz & Dwyer, LLP, New York City (Harry Steinberg and Steven Prystowsky of counsel), for respondent-appellant.

Paganini, Herling, Cioci & Cusumano, Lake Success (Kerri E. Levy of counsel), for J. Tucci Construction Co., respondent.

WESTON PATTERSON, J.P., and GOLIA, J., concur; RIOS, J., dissents and votes to affirm in a separate memorandum.


OPINION OF THE COURT

MEMORANDUM.

Order, insofar as appealed from, reversed without costs, and motions by the defendant and third-party plaintiff New York City Saks, LLC and by the defendant and third-party defendant M.E. Sabosik Associates for summary judgment granted.

Plaintiff initially instituted this action against New York City Saks, LLC to recover damages sustained when she slipped and fell...

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