GOVENETTIO v. DOLGENCORP OF NEW YORK, INC.

805 CA 18-02130.

175 A.D.3d 1805 (2019)

109 N.Y.S.3d 796

2019 NY Slip Op 06907

Timothy Govenettio, Appellant, v. Dolgencorp of New York, Inc., Individually and Doing Business as Dollar General, et al., Respondents.

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

September 27, 2019.


Attorney(s) appearing for the Case

SHAW & SHAW, P.C., HAMBURG ( LEONARD D. ZACCAGNINO OF COUNSEL), FOR PLAINTIFF-APPELLANT.

GOERGEN, MANSON & McCARTHY, BUFFALO ( KEVIN LOFTUS OF COUNSEL), FOR DEFENDANTS-RESPONDENTS DOLGENCORP OF NEW YORK, INC., INDIVIDUALLY AND DOING BUSINESS AS DOLLAR GENERAL, DOLLAR GENERAL CORPORATION, AND BHATTI PROPERTYS INC.

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO ( JUSTIN HENDRICKS OF COUNSEL), FOR DEFENDANT-RESPONDENT KIMBERLY FITZGERALD, INDIVIDUALLY AND DOING BUSINESS AS FOREVER GREEN PROPERTY MAINTENANCE.

Present—Smith, J.P., Carni, NeMoyer, Curran and Troutman, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the cross motion and reinstating the complaint against defendants Dolgencorp of New York, Inc., individually and doing business as Dollar General, Dollar General Corporation, and Bhatti Propertys Inc., and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action to recover damages for injuries...

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