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ALGER v. CVS MACK DRUG OF NEW YORK, LLC

39 A.D.3d 928 (2007)

833 N.Y.S.2d 289

CAROL ALGER et al., Appellants, v. CVS MACK DRUG OF NEW YORK, LLC, Sued Herein as CVS PHARMACY, INC., et al., Respondents.

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

Decided April 5, 2007.

Cardona, P.J.

Plaintiff Carol Alger (hereinafter plaintiff) asserts that, on May 25, 2000, she tripped and fell as she stepped onto the curb in front of a pharmacy operated by CVS Mack Drug of New York, LLC (sued herein as defendant CVS Pharmacy, Inc.). The record demonstrates that CVS subleased the pharmacy from defendant Price Chopper Operating Company, Inc., which is owned by defendant Golub Corporation. Thereafter, plaintiff and her husband, derivatively, commenced...

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