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CAVOUNIS v. FIGLI DI SAN GENNARO, INC.

2017-11397. Index No. 23035/13.

164 A.D.3d 643 (2018)

84 N.Y.S.3d 166

2018 NY Slip Op 05747

Sypros Cavounis, Appellant, v. Figli Di San Gennaro, Inc., et al., Respondents.

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

Decided August 15, 2018.

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

During the afternoon of September 15, 2013, at the San Gennaro Feast (hereinafter feast) in Manhattan, the plaintiff allegedly was injured when an aluminum awning that had been covering a feast kiosk fell on him. The kiosk was owned by Anthony DiBenedetto, who, on July 1, 2013, had applied to Figli di San Gennaro, Inc. (hereinafter Figli), the producer...

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