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RINA v. WINDEMERE HOME OWNERS ASSOCIATION, INC.

2008-08300

66 A.D.3d 756 (2009)

887 N.Y.S.2d 231

2009 NY Slip Op 7391

DALE RINA et al., Respondents, v. WINDEMERE HOME OWNERS ASSOCIATION, INC., et. al., Respondents, and DeBENEDITTIS LANDSCAPING, INC., Appellant.

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

Decided October 13, 2009.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiff Dale Rina (hereinafter the plaintiff) was injured when he slipped and fell on ice in the driveway of a home owned by defendants Robert Silverman and Debra Laitman Silverman (hereinafter together the Silvermans), which was located inside a gated community. Thereafter, the plaintiff and his wife, suing derivatively, commenced this action against, among others, the Silvermans...

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