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LEIGHTON v. CHABER, LLC

2020-00092. Index Nos. 703932/14, 701890/16.

204 A.D.3d 903 (2022)

164 N.Y.S.3d 849

2022 NY Slip Op 02539

Michael Leighton, Appellant, v. Chaber, LLC, Respondent. (Action No. 1.). Michael Leighton, Appellant, v. R.J.K. Electric Corp. et al., Defendants, and Starbucks Corporation, Respondent. (Action No. 2.).

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

Decided April 20, 2022.

Attorney(s) appearing for the Case

The Law Office of David Horowitz, P.C., New York, NY (Christopher S. Joslin of counsel), for appellant.

Carol R. Finocchio, New York, NY, for respondents.

Brathwaite Nelson, J.P., Rivera, Miller and Zayas, JJ., concur.

Ordered that the order entered December 18, 2019, is affirmed insofar as appealed from, with costs.

On March 20, 2013, the plaintiff allegedly was injured when he was struck in the eye by debris that purportedly emanated from a grinder tool at certain property owned by Chaber, LLC (hereinafter Chaber), the defendant in action No. 1, and leased to Starbucks Corporation (hereinafter Starbucks), a defendant in action No. 2. Starbucks had retained the plaintiff's employer...

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