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SALICA v. LENNY'S CLAM BAR, INC.

292 A.D.2d 438 (2002)

738 N.Y.S.2d 690

ELIZABETH SALICA et al., Respondents, v. LENNY'S CLAM BAR, INC., Appellant and JOSEPH DECANDIA et al., Respondents. (And a Third-Party Action.)

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

Decided March 11, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

The injured plaintiff allegedly tripped and fell on a defective curb cut adjacent to the entrance of a parking lot owned by the defendant City of New York and leased to the defendant Joseph DeCandia. The defendant Lenny's Clam Bar, Inc. (hereinafter the appellant), operates a restaurant which abuts the parking lot and is located on property owned by Joseph DeCandia and his wife, the defendant...

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