HAXHIA v. VARANELLI

2017-08270, Index No. 63266/15.

170 A.D.3d 679 (2019)

95 N.Y.S.3d 351

2019 NY Slip Op 01573

Behar Haxhia et al., Appellants, v. Barbara Varanelli, Respondent.

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

Decided March 6, 2019.


Ordered that the order is affirmed, with costs.

On March 5, 2015, between 10:00 and 11:00 a.m., the plaintiff Behar Haxhia (hereinafter the plaintiff) allegedly was injured at the defendant's property as the plaintiff was attempting to deliver oil to the defendant's house in Westchester County. Subsequently, the plaintiff, and his wife suing derivatively, commenced this action against the defendant, and the defendant moved for summary judgment dismissing the complaint...

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