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KAWKA v. 135-55 35TH REALTY, LLC

2014-02973, Index No. 266/10.

139 A.D.3d 677 (2016)

31 N.Y.S.3d 173

2016 NY Slip Op 03474

ANDRZEI KAWKA, Appellant, v. 135-55 35TH REALTY, LLC, et al., Respondents. (And a Third-Party Action.)

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

Decided May 4, 2016.

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

The plaintiff allegedly was injured while pushing a hand truck onto an elevator at the subject premises, which were owned by the defendant 135-55 35th Realty, LLC (hereinafter Realty). The plaintiff was moving items including a stove and cabinet doors from an apartment that was being renovated. The elevator door closed on the cabinet doors, which were not secured in any way, and the...

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