PELLOT v. TIVAT REALTY LLC

9602N, 22417/16E.

173 A.D.3d 498 (2019)

103 N.Y.S.3d 59

2019 NY Slip Op 04665

Mildred Pellot, Respondent, v. Tivat Realty LLC, Appellant.

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

Decided June 11, 2019.


Plaintiff seeks damages for injuries she sustained to her back in a slip and fall on defendant's premises. Although she was diagnosed at the age of 29 with early onset arthritis in her hands, for which she has since been receiving Social Security disability benefits, plaintiff does not seek damages for exacerbation of an injury.

The court providently exercised its discretion in denying defendant's motion to strike the complaint or, alternatively, to compel production...

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