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HERNANDEZ v. NY PREPAID WIRELESS LLC

Index No. 27966/17E, Appeal No. 16070-16070A, Case No. 2021-02357, 2022-00265.

206 A.D.3d 409 (2022)

170 N.Y.S.3d 29

2022 NY Slip Op 03573

Jose Hernandez, Respondent, v. NY Prepaid Wireless LLC, Doing Business as Boost Mobile et al., Appellants.

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

Decided June 2, 2022.

Attorney(s) appearing for the Case

Chartwell Law, White Plains (Gregg S. Scharaga of counsel), for NY Prepaid Wireless LLC, appellant.

Nicoletti Spinner Ryan Gulino Pinter LLP, New York (Michael S. Brown of counsel), for Madison NY Realty LLC, appellant.

Appell & Parrinelli, New York (John J. Appell of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Shulman, Rodriguez, Higgitt, JJ.

Plaintiff alleges that he was injured on the premises owned by Madison and leased to Prepaid Wireless. According to plaintiff, he was walking past the property on a rainy day when he slipped on wet cellar doors, which were embedded in the sidewalk in front of the premises.

The fact that Prepaid Wireless served a notice of rejection of plaintiff's errata sheet for his deposition testimony does not render the errata sheet inadmissible (see Lopez v City of New York...

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