McGinley v. Mystic West Realty Corp.

Acosta and Saxe, JJ.

dissent in part in a memorandum by Saxe, J. as follows: Plaintiff Jenice McGinley slipped and fell on the sidewalk in front of the Church of St. Mary the Virgin Episcopal Church, located at 145 West 46th Street in Manhattan. She identified the dangerous condition as “an accumulation of leaking trash bags.” In addition to suing the church, she sued Mystic West Realty, the owner of the Rosie O’Grady’s restaurant located on the west side of the church’s property, along with Trel Restaurant Inc., the owner of another Rosie O’Grady’s restaurant at a separate location, and Apple…