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MOSS v. CAPITAL DISTRICT REGIONAL OFF-TRACK BETTING CORPORATION

512328.

90 A.D.3d 1379 (2011)

935 N.Y.S.2d 226

2011 NY Slip Op 9237

STEPHEN MOSS, Respondent, v. CAPITAL DISTRICT REGIONAL OFF-TRACK BETTING CORPORATION, Respondent, and MICHAEL P. VERDILE SR. et al., Appellants.

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

Decided December 22, 2011.

EGAN Jr., J.

In December 2003, plaintiff slipped and fell at a facility owned by defendant Capital District Regional Off-Track Betting Corporation (hereinafter OTB) and located in the City of Albany. At the time of the incident, the food concession at the facility was operated by defendants Michael P. Verdile Sr. and Thoroughbred Caterers, Ltd. (hereinafter collectively referred to as defendants) pursuant to a lease agreement between defendants and OTB. On the day...

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