DEMARTINO v. HOME DEPOT U.S.A., INC.


37 A.D.3d 758 (2007)

831 N.Y.S.2d 236

THOMAS DEMARTINO, Respondent, v. HOME DEPOT U.S.A., INC., et al., Respondents, and SJS CONSTRUCTION COMPANY, INC., Appellant.

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

Decided February 27, 2007.


Ordered that the order is reversed, on the law, with one bill of costs payable by the respondents appearing separately and filing separate briefs, and the motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against the defendant SJS Construction Company, Inc., and for severance of the action insofar as asserted against the remaining defendants is granted.

The plaintiff allegedly tripped and fell in a pothole in a parking lot...

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