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MARTIN v. RIZZATTI

2015-06701, 2015-09222, Index No. 2988/11.

142 A.D.3d 591 (2016)

36 N.Y.S.3d 682

DAVID MARTIN, Appellant, v. ROBERT RIZZATTI, Defendant, and EL FUERTE DELI GROCERY et al., Respondents.

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

Decided August 17, 2016.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs payable to the defendant City of New York.

The plaintiff allegedly was injured when he tripped and fell after stepping into a hole in a sidewalk in Brooklyn abutting a storefront deli. The premises were owned by the defendant Robert Rizzatti, and the storefront was leased by the defendant El Fuerte Deli Grocery (hereinafter El Fuerte). The plaintiff commenced an action against Rizzatti...

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