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LOPEZ v. MATTONE GROUP RACEWAY, LLC

2020-01263. Index No. 600937/16.

203 A.D.3d 909 (2022)

161 N.Y.S.3d 815

2022 NY Slip Op 01779

Jose Lopez, Respondent, v. Mattone Group Raceway, LLC, et al., Appellants, et al., Defendants. (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

London Fischer, LLP, New York, NY (Anthony F. Tagliagambe of counsel), for appellants.

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

Duffy, J.P., Chambers, Roman and Christopher, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendants Mattone Group Raceway, LLC, JMM Raceway, LLC, and Gart Roosevelt Associates, LLC, for summary judgment dismissing the complaint insofar as asserted against them is granted.

On February 13, 2013, the plaintiff allegedly sustained personal injuries at his place of employment. The plaintiff entered a walk-in freezer and ascended a three-step A-frame ladder...

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