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CUCINOTTA v. CITY OF NEW YORK

651, 101060/05, 591111/06

68 A.D.3d 682 (2009)

2009 NY Slip Op 9727

892 N.Y.S.2d 352

DAVID CUCINOTTA, Plaintiff, v. CITY OF NEW YORK et al., Defendants, NORTHSIDE REALTY CORPORATION, Respondent, and MERIKEN LTD., Appellant. (And a Third-Party Action.)

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

Decided December 29, 2009.

Plaintiff was allegedly injured on August 21, 2004 when he tripped and fell on an allegedly defective sidewalk abutting the premises located at 162 West 21st Street, New York. The premises was owned by Northside, and leased by Meriken (the restaurant), pursuant to a lease agreement (lease) and a rider to the lease (rider) dated July 7, 2004.

Section 4 of the lease required Meriken to make all nonstructural repairs to the...

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