MATONE v. DGM PARTNERS RYE LIMITED PARTNERSHIP


6 A.D.3d 585 (2004)

774 N.Y.S.2d 814

CARMINE MATONE et al., Appellants, v. DGM PARTNERS RYE LIMITED PARTNERSHIP et al., Respondents.

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

April 19, 2004.


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

The plaintiff Carmine Matone allegedly was injured when he fell as he stepped off the curb in front of the West Islip Twin Cinemas, a movie theater operated by the defendant WITC Corporation (hereinafter WITC). The theater was located in a shopping center owned by the defendant DGM Partners Rye Limited Partnership (hereinafter DGM). Matone and his wife commenced this action against...

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