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ALI v. JS 39, LLC

2020-02660. Index No. 11226/15.

208 A.D.3d 544 (2022)

172 N.Y.S.3d 709

2022 NY Slip Op 04889

Asghar Ali, Respondent, v. JS 39, LLC, et al., Appellants, et al., Defendants.

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

Decided August 10, 2022.

Attorney(s) appearing for the Case

Barry McTiernan & Moore LLP, New York, NY (Steve Aripotch of counsel), for appellants.

Subin Associates, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac and Kenneth J. Gorman], of counsel), for respondent.

Brathwaite Nelson, J.P., Iannacci, Wooten and Zayas, JJ., concur.

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

On July 31, 2015, the plaintiff's decedent allegedly sustained personal injuries when a portion of the ceiling of her apartment collapsed and struck her. The decedent commenced this action to recover damages for personal injuries against, among others, JS 39, LLC, and SMRC Management, LLC (hereinafter together the defendants), which allegedly owned and operated the subject premises.

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