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GALLUB v. POPEI'S CLAM BAR, LTD., OF DEER PARK

2011-05939.

98 A.D.3d 559 (2012)

949 N.Y.S.2d 467

2012 NY Slip Op 5909

FRANCES GALLUB et al., Appellants, v. POPEI'S CLAM BAR, LTD., OF DEER PARK, et al., Respondents, et al., Defendant. (And a Third-Party Action.)

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

Decided August 8, 2012.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the defendants Popei's Clam Bar, Ltd., of Deer Park and Grand Realty Blvd., Inc., and the defendant Aventura Construction Services, LLC, appearing separately and filing separate briefs.

While a landowner has a duty to maintain its premises in a reasonably safe manner for its patrons (see Basso v Miller, 40 N.Y.2d 233, 241 [1976...

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