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FINCK v. VL 10 1620 NEW HIGHWAY, LLC

2019-10806. Index No. 603805/14.

203 A.D.3d 892 (2022)

164 N.Y.S.3d 656

2022 NY Slip Op 01771

Chinet Finck et al., Appellants, v. VL 10 1620 New Highway, LLC, et al., Respondents. (And a Third-Party Action.).

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

Decided March 16, 2022.

Attorney(s) appearing for the Case

Dell & Dean, PLLC (Joseph G. Dell and Mischel & Horn, P.C., New York, NY [Scott T. Horn and Christen Giannaros], of counsel), for appellants.

Ahmuty, Demers & McManus, Albertson, NY (Glenn A. Kaminska and Nicholas Vevante of counsel), for respondents.

Brathwaite Nelson, J.P., Chambers, Roman and Zayas, JJ., concur.

Ordered that the order is affirmed, with costs.

On January 18, 2012, the plaintiff Chinet Finck (hereinafter the injured plaintiff) allegedly fell as a result of a pothole while exiting a minibus that she had just parked at a bus yard located at 1620 New Highway in Farmingdale, which, according to the yard's deed, was owned by Little Joseph Realty, Inc., and leased to Atlantic Express Transportation Corp. On July 24, 2014, the injured plaintiff, and her husband suing...

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