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PHILLIPS v. LEPOW

0023842/0061 RJI No. 01-07-089448

2008 NY Slip Op 32359 (U)

MARGOT PHILLIPS and JOSEPH PHILLIPS, Plaintiffs. v. MARTHA L. LEPOW, BARRY ZWACK, and JOHN DOE 1-10 intended to be any other responsible tortfeasor, Defendants.

Supreme Court of the State of New York, County of Albany

August 26, 2008

Attorney(s) appearing for the Case

Frank T. Mahady, Esq. Albany, NY, Attorney for Plaintiffs'

Christopher P. Flint, Esq. Flint & Granich, PLLC Martha A. Lepow, M.D. Albany, NY, Attorneys for Defendant.

Shantz & Belkin Latham, NY, Attorneys for Third-Party Defendant.

DECISION and ORDER

TERESI, J.

Upon leaving Dr. Lepow's home on December 18, 2003, Margot Phillips slipped and fell. The broken ankle she sustained from the fall required surgery. Thereafter, she commenced this personal injury action, with her husband derivatively, against Dr. Lepow, as the property owner, and later against Mr. Zwack, as the individual Dr. Lepow hired to maintain the premises.

Discovery in this action is now complete and both defendants...

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