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MERCER v. HELLAS GLASS WORKS CORP.

2009-08819.

87 A.D.3d 987 (2011)

930 N.Y.S.2d 18

2011 NY Slip Op 6477

LUCIOUS MERCER, Plaintiff, v. HELLAS GLASS WORKS CORP., Defendant/Third-Party Plaintiff-Respondent. AVR-EAST MASSAPEQUA, LLC, Third-Party Defendant-Appellant.

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

Decided September 13, 2011.

Ordered that the order dated September 11, 2009, as amended, is reversed, on the law, with costs, and the third-party defendant's motion for summary judgment dismissing the third-party complaint is granted.

The plaintiff allegedly was injured while attempting to exit a retail store located in a building owned by the third-party defendant, AVR-East Massapequa, LLC (hereinafter AVR). The plaintiff testified at his deposition that he was struck by glass when an outer...

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