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HART v. O'BRIEN

508225.

72 A.D.3d 1257 (2010)

898 N.Y.S.2d 697

THOMAS HART, Appellant, v. THOMAS J. O'BRIEN, Individually and Doing Business as ALBANY DIAMOND JEWELERS, et al., Defendants, and MARY E. NAUGHTER, Respondent.

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

Decided April 8, 2010.

Garry, J.

In October 2004, plaintiff was injured by a fall in a pothole as he was walking through a parking lot behind a commercial building in the Town of Guilderland, Albany County. The building was owned by defendant Mary E. Naughter (hereinafter defendant) and her husband. Defendant Thomas J. O'Brien operated an independent jewelry business in the building, which he had rented on a month-to-month basis under an oral lease since 2000. Plaintiff commenced this action...

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