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SEN v. GR REALTY HOLDINGS LLC

Index No. 157812/20. Appeal No. 15327. Case No. 2021-01591.

202 A.D.3d 580 (2022)

159 N.Y.S.3d 679

2022 NY Slip Op 01109

Annabel Sen, Respondent, v. GR Realty Holdings LLC, Defendant, 15 Union Square West Condominium et al., Respondents, and Henrique Dubugras et al., Appellants.

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

Decided February 17, 2022.

Attorney(s) appearing for the Case

Kaplan Hecker & Fink LLP, New York (Roberta A. Kaplan of counsel), for appellants.

Morelli Law Firm, New York (Sara A. Mahoney of counsel), for Annabel Sen, respondent.

Lewis Johs Avallone Aviles, LLP, New York (Amy E. Bedell of Counsel), for 15 Union Square West Condominium and Brown Harris Stevens Residential Management, LLC, respondents.

Concur—Manzanet-Daniels, J.P., Gische, Mazzarelli, Mendez, JJ.

Plaintiff commenced this personal injury action after she was struck by a lounge chair that fell from the terrace of the 12th-floor penthouse apartment of defendant 15 Union Square Condominium. The tenants, who were the lessees of the apartment, moved to dismiss plaintiff's action under CPLR 3211(a)(8), arguing that New York did not have jurisdiction over them because they were residents of California and were in Florida at the time of the incident.

The motion court...

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