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ACHEE v. MERRICK VILLAGE, INC.

2020-07606. Index No. 707644/16.

208 A.D.3d 542 (2022)

173 N.Y.S.3d 46

2022 NY Slip Op 04888

Christian Achee, Appellant, v. Merrick Village, Inc., Respondent.

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

Decided August 10, 2022.

Attorney(s) appearing for the Case

Antin, Ehrlich & Epstein, LLP, New York, NY (Samuil Serebryanyy of counsel), for appellant.

Lewis Brisbois Bisgaard & Smith LLP, New York, NY (Nicholas P. Hurzeler and Kenneth J. Kim of counsel), for respondent.

Dillon, J.P., Duffy, Maltese and Genovesi, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action in 2016 to recover damages for personal injuries he allegedly sustained in 2015. In the complaint and the bill of particulars, the plaintiff alleged that he slipped and fell in a parking lot of the restaurant where he worked due to ice and snow which was allowed to remain on the ground, and that the defendant property owner was negligent, in effect, for failing to remove the ice and...

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