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ECKARDT v. STARR BLDG. REALTY LLC

9933, 106449/09.

106 A.D.3d 477 (2013)

965 N.Y.S.2d 92

2013 NY Slip Op 3410

MARIE ECKARDT, Respondent, v. STARR BUILDING REALTY LLC, Respondent-Appellant, and EAST TWIN ENTERPRISES, INC., Doing Business as RHINEBECK GRILLE, Appellant-Respondent.

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

Decided May 9, 2013.

Plaintiff was patronizing defendant East Twin's restaurant, located in a building owned by codefendant Starr, when she tripped and fell on a step leading into the restroom. East Twin had no control over the restroom in question, which was located on the second floor of the property and was not included in the premises leased to it (see McNally v East Twins Enters., Inc., 19 A.D.3d 152 [1st Dept 2005]). Accordingly, summary judgment...

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