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HAYNES v. ESTATE OF SOL GOLDMAN

62 A.D.3d 519 (2009)

ROBERT HAYNES, Appellant, v. ESTATE OF SOL GOLDMAN, Deceased, et al., Respondents, et al., Defendant. ALLIANCE ELEVATOR COMPANY, Doing Business as UNITEC ELEVATOR COMPANY, Third-Party Plaintiff-Respondent, v. MOHAMMAD FOFANA, Third-Party Defendant. ROBERT HAYNES, Plaintiff, v. ESTATE OF SOL GOLDMAN, Deceased, et al., Respondents, and NEWMARK & COMPANY REAL ESTATE, INC., Appellant. (And a Third-Party Action.)

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

May 19, 2009.

On February 6, 2004, plaintiff and another person named Mohammad Fofana were injured when they fell down the freight elevator hoistway from the fourth floor of a building located at 45 West 34th Street. The premises were net leased to Midboro Holding at the time, and had been managed by Newmark. Plaintiff had a dispute with Fofana and the two engaged in a fight in a narrow hallway on the fourth floor. According to Fofana's deposition...

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