ITURRINO v. BRISBANE SOUTH SETAUKET, LLC

2014-11469, Index No. 39643/10.

135 A.D.3d 907 (2016)

23 N.Y.S.3d 386

2016 NY Slip Op 00480

STEPHEN ITURRINO, Appellant, v. BRISBANE SOUTH SETAUKET, LLC, et al., Defendants, and WALMART REAL ESTATE BUSINESS TRUST, Respondent. (And a Third-Party Action.)

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

Decided January 27, 2016.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendant Walmart Real Estate Business Trust for summary judgment dismissing the complaint insofar as asserted against it is denied.

The plaintiff commenced this action after he allegedly was injured when he slipped and fell on premises that had been leased by the defendant Walmart Real Estate Business Trust (hereinafter the defendant), and then subleased to...

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