Legal Opinion

Fayolle v. East West Manhattan Portfolio L.P.

Appellate Division of the Supreme Court of the State of New York

Decided July 23, 2013Published

1Opinion of the Court

Order, Supreme Court, New York County (Debra A. James, J.), entered August 7, 2012, which denied plaintiffs motion for summary judgment, and granted defendants’ motions for summary judgment dismissing the complaint, affirmed, without costs.

Plaintiff seeks damages for injuries sustained when he tripped and fell on a sidewalk located in front of a condominium building owned by defendant Galleiy House Condominium. The court properly dismissed the action against defendant East West Manhattan Portfolio L.E, the owner of the first floor commercial unit, because it is not an “owner” within the…

2Cases cited3 opinions

  1. Trincere v. County of SuffolkNew York Court of Appeals · 1997
  2. Young v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
  3. Araujo v. Mercer Square Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2012

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