PHILANTHROPE v. PAPA JOHN'S PIZZA

Index No. 450723/18. Appeal No. 13170. Case No. 2019-4126.

191 A.D.3d 563 (2021)

138 N.Y.S.3d 856

2021 NY Slip Op 01131

Marie Philanthrope, Respondent, v. Papa John's Pizza et al., Defendants, and Papa John's USA, Inc., Appellant.

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

Decided February 18, 2021.


Attorney(s) appearing for the Case

McManus Ateshoglou Aiello & Apostolakos, PLLC, New York ( Joshua Talcovitz of counsel), for appellant.

Concur—Renwick, J.P., Kern, Singh, Shulman, JJ.


In this premises slip-and-fall case, defendant Papa John's USA, Inc. submitted documentary evidence (i.e., a lease, deed, franchise agreement, and other documents) on its unopposed motion to dismiss that demonstrates that it was not a party to the franchise arrangement, had no role therein, and that it was not a party to the lease agreement, which was executed by the franchisee and the owner of the commercial premises. That evidence conclusively refutes the allegations that...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases