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SCHIAVONE v. BAYSIDE FUEL OIL DEPOT CORPORATION

2010-09714.

94 A.D.3d 970 (2012)

942 N.Y.S.2d 585

2012 NY Slip Op 2857

JOHN SCHIAVONE et al., Appellants, v. BAYSIDE FUEL OIL DEPOT CORPORATION et al., Respondents.

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

Decided April 17, 2012.

Ordered that the order is affirmed insofar as appealed from, with costs.

On March 25, 2006, the plaintiff John Schiavone allegedly was injured when he slipped and fell while alighting from his truck in the defendants' gravel parking lot on Sackett Street in Brooklyn. Schiavone and his wife, suing derivatively, commenced this action, alleging that the parking lot's surface was defective. At his deposition, Schiavone testified...

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