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ROBINS v. CITY OF LONG BEACH

2018-12770. Index No. 600405/10.

192 A.D.3d 709 (2021)

142 N.Y.S.3d 612

2021 NY Slip Op 01277

Wendy Robins et al., Appellants, v. City of Long Beach, Defendant, and EBM Long Beach, LLC, et al., Respondents.

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

Decided March 3, 2021.

Attorney(s) appearing for the Case

Lieb at Law, P.C., Smithtown, NY ( Dennis C. Valet of counsel), for appellants.

Gallo Vitucci Klar LLP, New York, NY ( Yolanda L. Ayala of consel), for respondents.

Dillon, J.P., LaSalle, Barros and Connolly, JJ., concur.

Ordered that the judgment is reversed, on the facts and in the exercise of discretion, with costs, the complaint insofar as asserted against the defendants EBM Long Beach, LLC, and Aqua Construction Corp. is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for a new trial on the issue of liability.

The plaintiff Wendy Robins (hereinafter the injured plaintiff) fell after stepping onto a curb adjacent to an unfinished driveway apron leading...

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