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HOLMES v. CITY OF NEW YORK

Index Nos. 155768/17, 596031/19. Appeal No. 16887. Case No. 2021-03550.

211 A.D.3d 531 (2022)

178 N.Y.S.3d 432

2022 NY Slip Op 07152

Jeffrey Holmes et al., Respondents, v. City of New York, Respondent-Appellant, Acadia Realty Limited Partnership et al., Respondents, and 854 7th Avenue LLC, Appellant-Respondent, et al., Defendants. (And a Third-Party Action.)

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

Decided December 15, 2022.

Attorney(s) appearing for the Case

Farber Brocks & Zane L.L.P., Garden City (Lester Lee Chanin of counsel), for appellant-respondent.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (D. Alan Rosinus, Jr. of counsel), for respondent-appellant.

Sullivan Papain Block McGrath Coffinas & Cannavo, P.C., New York (Brian J. Shoot of counsel), for Jeffrey Holmes and Karen Holmes, respondents.

Fleischner Potash LLP, New York (Kevin McArdle of counsel), for Acadia Realty Limited Partnership and Acadia West 54th Street, LLC, respondents.

Concur—Webber, J.P., Friedman, González, Mendez, JJ.

Order, Supreme Court, New York County (Dakota D. Ramseur, J.), entered on or about September 10, 2021, which, to the extent appealed from, denied defendants City of New York and 854 7th Avenue LLC doing business as The Stagecoach Tavern's (Stagecoach) motions for summary judgment dismissing the complaint and all cross claims against them, unanimously affirmed, without costs.

In this action in which plaintiff tripped and fell on a tree guard with metal spikes that...

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