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GHVINIASHVILI v. JAROSLAWICZ

2015-02674, Index No. 7106/09.

140 A.D.3d 1013 (2016)

34 N.Y.S.3d 156

2016 NY Slip Op 04907

LEVAN GHVINIASHVILI, Appellant, v. DAVID JAROSLAWICZ, as Executor of HERSH JAROSLAWICZ, Deceased, et al., Respondents, et al., Defendants.

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

Decided June 22, 2016.

Ordered that the order is affirmed, with one bill of costs.

This action arises out of injuries allegedly sustained by the plaintiff while he was working as a home health aide for Hersh Jaroslawicz, who is now deceased (hereinafter the decedent). On the evening of January 31, 2008, the plaintiff went to the balcony of the decedent's second-floor apartment to smoke a cigarette. Upon seeking to reenter the apartment, the plaintiff found that the door to the balcony had...

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