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DESENA v. FEDERATED DEPARTMENT STORES, INC.

65 A.D.3d 662 (2009)

ANGELO DESENA et al., Respondents, v. FEDERATED DEPARTMENT STORES, INC., et al., Defendants, and ULTIMATE SERVICES, INC., et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 25, 2009.

Ordered that the order is affirmed, with costs.

The injured plaintiff, Angelo Desena, allegedly sustained injuries when he tripped and fell over a piece of wood in an emergency staircase at his employer's premises. As a result, the injured plaintiff and his wife, suing derivatively, commenced this action against, among others, the defendants Ultimate Services, Inc., and USI Building Services Nationwide (hereinafter together...

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