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CAREY v. WALT WHITMAN MALL, LLC

2021-01488. Index No. 600207/18.

215 A.D.3d 623 (2023)

187 N.Y.S.3d 278

2023 NY Slip Op 01773

Giovanna Carey, Appellant-Respondent, v. Walt Whitman Mall, LLC, et al., Respondents-Appellants, and ABB Restaurant Group, Inc., Doing Business as Gastronomy Kitchen by Cirella's, Respondent.

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

Decided April 5, 2023.

Attorney(s) appearing for the Case

Feldman, Kramer & Monaco, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac and Gregory Freedman], of counsel), for appellant-respondent.

Ahmuty, Demers & McManus, Albertson, NY (Glenn A. Kaminska and Nicholas M. Vevante of counsel), for respondents-appellants.

Marshall Dennehey Warner Coleman & Goggin, P.C., Melville, NY (Christopher J. Power of counsel), for respondent.

Iannacci, J.P., Chambers, Maltese and Taylor, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals, and the defendants Walt Whitman Mall, LLC, and Saks Fifth Avenue, LLC, cross-appeal, from an order of the Supreme Court, Suffolk County (Joseph Farneti, J.), dated January 26, 2021. The order, insofar as appealed from, granted that branch of the motion of the defendant ABB Restaurant Group, Inc., which was for summary judgment dismissing the complaint insofar as asserted against it. The order, insofar...

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