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MONTIEL v. SAILSMAN

16342, 309598/11.

134 A.D.3d 470 (2015)

20 N.Y.S.3d 78

2015 NY Slip Op 08968

JUAN CARLOS CAAMANO MONTIEL, Respondent, v. OWEN SAILSMAN, Appellant/Third-Party Plaintiff-Appellant, and BRONXDALE REALTY, LLC, Respondent/Third-Party Defendant-Respondent, et al., Defendant.

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

Decided December 8, 2015.

Plaintiff alleges that he slipped and fell on ice on a public sidewalk abutting defendant Sailsman's property, near the property line of a vacant lot owned by defendant Bronxdale Realty, LLC. Sailsman made a prima facie showing that his property is a two-family home in which he resides, not subject to liability pursuant to Administrative Code of City of NY § 7-210 (b), and that his voluntary snow removal efforts did not create...

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