CELESTIN v. 40 EMPIRE BOULEVARD, INC.

2015-09412. Index No. 500192/10.

168 A.D.3d 805 (2019)

92 N.Y.S.3d 319

2019 NY Slip Op 00256

Rosaline Celestin, as Administratrix of the Estate of Jean Preval Jean Charles, Deceased, Appellant, v. 40 Empire Boulevard, Inc., et al., Defendants, and 40 Empire Donut Corp., Respondent.

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

Decided January 16, 2019.


Ordered that the order is affirmed, with costs.

The plaintiff's decedent allegedly was injured when he slipped and fell on black ice on a sidewalk adjacent to premises located at 40 Empire Boulevard in Brooklyn. This personal injury action was commenced against, among others, the defendant 40 Empire Donut Corp. (hereinafter Donut Corp.). The complaint generally alleged that all of the defendants owned the premises adjacent to the sidewalk, were responsible for the...

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