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TONER v. TRADER JOE'S EAST, INC.

2018-00565. Index No. 600750/15.

209 A.D.3d 690 (2022)

176 N.Y.S.3d 278

2022 NY Slip Op 05555

Thomas Toner, Appellant, v. Trader Joe's East, Inc., et al., Respondents.

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

Decided October 5, 2022.

Attorney(s) appearing for the Case

Ross Legan Rosenberg Zelen & Flaks, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac and Paul H. Seidenstock], of counsel), for appellant.

Conway, Farrell, Curtin & Kelly, P.C., New York, NY (Anne Marie Esposito of counsel), for respondent Trader Joe's East, Inc.

Cariello Law Firm, Uniondale, NY (Amy L. Pludwin of counsel), for respondent Elela Realty Co.

LaSalle, P.J., Miller, Genovesi and Wan, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Anthony L. Parga, J.), entered November 17, 2017. The order, insofar as appealed from, granted those branches of the separate motions of the defendants Trader Joe's East, Inc., and Elela Realty Co. which were for summary judgment dismissing the amended complaint insofar as asserted against each of them.

Ordered that the order is modified...

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