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LAU v. MARGARET E. PESCATORE PARKING, INC.

No. 143 SSM 29.

30 N.Y.3d 1025 (2017)

90 N.E.3d 1276

68 N.Y.S.3d 405

2017 NY Slip Op 08170

HENRY T. LAU, Appellant, v. MARGARET E. PESCATORE PARKING, INC. et al., Respondents.

Court of Appeals of New York.

Decided November 21, 2017.

Attorney(s) appearing for the Case

Kenneth J. Gorman, Esq., P.C., New York City ( Kenneth J. Gorman of counsel), for appellant.

Law Office of James J. Toomey, New York City ( James J. Toomey, Jr. of counsel), for Margaret E. Pescatore Parking, Inc., respondent.

Debra J. Millman, P.C., New York City ( Debra J. Millman of counsel), for Tai Ming Development Corp., respondent.

Judges RIVERA, STEIN, FAHEY and WILSON concur; Judge GARCIA dissents and votes to affirm, insofar as appealed from, in a memorandum, in which Chief Judge DIFIORE and Judge FEINMAN concur.

OPINION OF THE COURT

MEMORANDUM.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, as limited by plaintiff's letter submission on the appeal (see 22 NYCRR 500.11 [f]), reversed, with costs to plaintiff against defendant Margaret E. Pescatore Parking, Inc., and motion for summary judgment of defendant Margaret E. Pescatore Parking, Inc. denied. On this record...

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