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NAPOLITANO v. 536 NINTH LLC

Index No. 161859/15. Appeal No. 495. Case No. 2022-05160.

217 A.D.3d 545 (2023)

191 N.Y.S.3d 388

2023 NY Slip Op 03309

Philip Napolitano, Appellant, v. 536 Ninth LLC et al., Respondents.

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

Decided June 20, 2023.

Attorney(s) appearing for the Case

McCallion & Associates LLP, New York (Kenneth F. McCallion of counsel), for appellant.

Gannon, Rosenefarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for 536 Ninth LLC, respondent.

Gilbert McGinnis & Liferiedge, White Plains (Thomas Herbertson of counsel), for Four Suns Fuel Co., Inc., respondent.

Concur—Webber, J.P., Oing, Gesmer, González, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Lyle Frank, J.), entered on or about September 8, 2022, which granted defendants motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

This personal injury action arose on August 21, 2015, when plaintiff was riding his bicycle in the bike lane in front of 536 Ninth Avenue in Manhattan, where he fell due to an oil hose on the ground. The hose extended...

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