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Decided on September 20, 2007
Supreme Court, Kings County

12018/04
Gloria Dabiri, J.
Upon the foregoing papers, defendant Dr. Gennadiy Zvi Broitman, s/h/a Dr. Geenadiy Z. Broitman ("Dr. Broitman") moves, pursuant to CPLR 3212, for summary judgment dismissing the complaint of plaintiffs Josephina Sosa ("plaintiff") and Raphael Ramirez (collectively "plaintiffs"). Defendant 623 Brighton Realty Corp. ("623 Brighton") cross-moves, pursuant to CPLR 3212, for summary judgment dismissing plaintiffs' complaint and all cross-claims asserted against it.
This is an action by plaintiffs to recover damages for personal injuries Josephina Sosa ("plaintiff") allegedly sustained while descending the interior staircase connecting the first and second floors of a two-story building (the "premises"), located at 623 Brighton Beach Avenue in Kings County, and owned by 623 Brighton.
Facts and Procedural History
On December 2, 2003 plaintiff visited the office of Dr. Broitman, a dentist, located on the second floor of the building. When deposed, plaintiff testified that when she left the office she began to walk down the interior staircase. While on the top step, she grabbed onto a loose handrail, tripped on a metal strip and fell. Plaintiff described the metal strip as elevated, about one and one

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