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TOULOUPIS v. SEARS, ROEBUCK AND CO.

2015-10028, Index No. 29750/10.

155 A.D.3d 807 (2017)

63 N.Y.S.3d 518

2017 NY Slip Op 07766

PHILLIP TOULOUPIS, as Administrator of the Estate of FOTIOS TOULOUPIS, Deceased, Appellant, v. SEARS, ROEBUCK AND CO., Doing Business as THE SEARS AUTO CENTER, et al., Respondents.

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

Decided November 8, 2017.

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

The plaintiff's decedent commenced this action to recover damages for personal injuries allegedly sustained by him when he tripped and fell outside the Sears Auto Center in the Ocean County Mall in New Jersey. The amended complaint alleged that the defendants, Sears, Roebuck and Co., doing business as The Sears Auto Center (hereinafter Sears), and Simon Property Group, Inc. (hereinafter Simon...

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