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Hervas v. LLSJ Realty Corp.

Supreme Court, New York County

August 15, 2013

REBECCA HERVAS, Plaintiff,
v.
LLSJ REALTY CORP., YAN KAN WONG, WONG REALTY CORP., J&E JEWELRY and THE CITY OF NEW YORK, Defendants. Index No. 114399/2008

Unpublished Opinion

DECISION/ORDER

Hon. Kathryn E. Freed, J.S.C.

RECITATION, AS REQUIRED BY CPLR § 2219 (a), OF THE PAPERS CONSIDERED IN THE REVIEW OF THIS MOTION.

PAPERS NUMBERED

NOTICE OF MOTION AND AFFIDAVITS ANNEXED.............. ...1, 2 (Ex. A-U).

ORDER TO SHOW CAUSE AND AFFIDAVITS ANNEXED...... ..........

ANSWERING AFFIDAVITS........................................................... ..3, 4 (Ex. A-I).

REPLYING AFFIDAVITS................................................................ .5(Ex. A)....

OTHER............................................................................................... ............

UPON THE FOREGOING CITED PAPERS, THIS DECISION/ORDER ON THE MOTION IS AS FOLLOWS:

Defendants Yan Kan.Wong Realty Corp., i/s/h/a Yan Kan.Wong and Wong Realty, (collectively "Wong"), move pursuant to CPLR§ § 3211 and 3212, for summary judgment dismissing plaintiffs claims, all cross-claims and counterclaims, with prejudice as a matter of law. Plaintiff opposes.

After a review of the papers presented, all relevant statutes and case law, the Court denies the instant motion.

Factual and procedural statement:

The instant action arises from an incident that occurred on November 16, 2007, on the sidewalk and adjoining pedestrian ramp abutting the premises located at 201 Canal Street, New York County. Plaintiff alleges that she was walking on the sidewalk of Mulberry Street, when she was propelled to the ground as a result of the ...


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