APPELLATE COURT STRAPPED IT ALL UP HERE
After he tripped on some construction related “plastic strapping” which had been situated on the sidewalk in front of the deli where he had been employed, D.C. filed a lawsuit against the mall’s owners, New Windsor Mall and Frederick J. Kass, together with Whispering Pines Development Corp. and Whispering Pines, LLC, the parties that were allegedly responsible for the roadway repair work.
When the property owners later sought dismissal of the litigation as against them, the Orange County Supreme Court denied that request. But on appeal, that determination was reversed.
Since neither the Mall nor Kass created or had notice of the alleged condition, the Appellate Division, Second Department, thought that those parties couldn’t be found responsible for D.C.’s injuries and let them out of the case.
Looks like DC took another strapping there.
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DECISION