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WAGNER v. PLOCH

CA 10-02406.

85 A.D.3d 1547 (2011)

925 N.Y.S.2d 273

2011 NY Slip Op 4832

DANIELLE WAGNER, Plaintiff, v. ROBERT A. PLOCH, Defendant/Third-Party Plaintiff-Appellant. 1680 ELMWOOD AVENUE, INC., Third-Party Defendant-Respondent.

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

Decided June 10, 2011.

It is hereby ordered that the order so appealed from is affirmed without costs.

Memorandum: Plaintiff commenced this negligence action seeking damages for injuries she sustained while working at a restaurant operated by third-party defendant on property owned by defendant/third-party plaintiff (defendant). Third-party defendant was leasing the property from defendant pursuant to an agreement that included an indemnification provision and, after plaintiff commenced...

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