PHILIPS v. PACO LAFAYETTE LLC

10207, 150202/09.

106 A.D.3d 631 (2013)

966 N.Y.S.2d 400

2013 NY Slip Op 3781

WILLIAM PHILIPS, Respondent, v. PACO LAFAYETTE LLC et al., Appellants, et al., Defendants.

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

Decided May 28, 2013.


Plaintiff commenced the instant action for personal injuries allegedly sustained when he tripped over a concrete curb at the top of the Broadway/Lafayette subway station exit located on the south side of East Houston Street, between Lafayette Street and Crosby Street. The concrete curb was on the premises owned by defendant Paco Lafayette LLC and leased by defendant BP Products North America, Inc., doing business as Service Station, for use as a gas station, and was immediately...

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