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VELTRE v. RAINBOW CONVENIENCE STORE, INC.

158486/14E, 9454.

172 A.D.3d 621 (2019)

101 N.Y.S.3d 37

2019 NY Slip Op 04115

Joseph Veltre et al., Respondents, v. Rainbow Convenience Store, Inc., Respondent, and PEC, LLC, Appellant/ Third-Party Plaintiff-Respondent-Appellant, et al., Defendant. Walkinstown, Inc., Third-Party Defendant-Appellant-Respondent, et al., Third-Party Defendants.

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

Decided May 28, 2019.

PEC and Walkinstown, Inc. established prima facie that plaintiff Joseph Veltre did not slip and fall on snow or ice on the sidewalk abutting their premises, by submitting the deposition testimony from both plaintiffs stating that the accident occurred in front of the adjacent premises, Rainbow Convenience Store. PEC and Walkinstown, Inc. were therefore not responsible for maintaining the portion of the sidewalk where plaintiff fell in a reasonably safe condition (see Cohen...

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