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Loman v. DS Brooklyn Portfolio Owner LLC

Release of Nonexistent Entity Held Void And Not A Bar to Action

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The following papers (NYSCEF Documents) were used on this motion: Document Nos. 16-25 (defendants’ notice of motion and supporting papers) Document Nos. 30-52 (plaintiff’s papers in opposition) Document Nos. 67-73 (defendants’ reply papers) Document Nos. 79-80 (plaintiff’s surreply papers) Document No. 83 (interim order) Document No. 84 (plaintiff’s letter brief) DECISION AND ORDER Upon the foregoing papers, having heard oral argument1, and due deliberation having been had, the within motion is determined as follows. Background In this action for personal injuries, plaintiff alleged that she was a property manager at 623 Halsey Street, Brooklyn, New York, employed by non-party Prestige PEO III, LLC when, on March 29, 2022, she tripped and fell on a stairway — the heel of her right shoe became entangled in a broken stair runner. The named defendants are the premises owner, the managing agent, and others. (See NYSCEF Doc No. 31, Lenowitz aff

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