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DAILY v. TOPS MARKETS, LLC

520667.

134 A.D.3d 1332 (2015)

20 N.Y.S.3d 487

2015 NY Slip Op 09336

DEBRA A. DAILY, as Administrator of the Estate of JOEL STATES, Also Known as JOEL ERIC STATES, Deceased, Appellant, v. TOPS MARKETS, LLC, Respondent, et al., Defendants.

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

Decided December 17, 2015.

Joel States (hereinafter decedent) was consuming alcohol and drugs with several companions when he passed out and appeared to have trouble breathing at about 1:00 a.m. on January 20, 2013. His companions placed the then unconscious decedent in his own car and drove the car to the parking lot of defendant Tops Markets, LLC. They reportedly...

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