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CARDINALE v. AVALON WEST CHELSEA, LLC

Index No. 150399/16. Appeal No. 16438. Case No. 2021-00647.

209 A.D.3d 483 (2022)

176 N.Y.S.3d 38

2022 NY Slip Op 05746

Nancy Cardinale, Appellant, v. Avalon West Chelsea, LLC, et al., Respondents.

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

Decided October 13, 2022.

Attorney(s) appearing for the Case

Nicoletti Spinner Ryan Gulino Pinter LLP, New York (Elana M. Schachner of counsel), for appellant.

Lewis Brisbois Bisgaard & Smith LLP, New York (Joshua M. Jemal of counsel), for Avalon West Chelsea, LLC, respondent.

Weiner, Millo, Morgan & Bonanno, New York (Scott F. Morgan of counsel), for Judy Painting Corp. and Z & Z's Inc., respondents.

Concur—Renwick, J.P., Friedman, Singh, Shulman, Higgitt, JJ.

Order, Supreme Court, New York County (David Benjamin Cohen, J.), entered December 4, 2020, which denied plaintiff's motion for summary judgment and granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion court correctly dismissed this action in which plaintiff fell while stepping down from a platform constructed to cover emergency electrical cabling. The 135-foot long, 5-foot wide and 3½-inch...

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