DALPIAZ v. McGUIRE

2018-01909, Index No. 4299/15.

176 A.D.3d 779 (2019)

107 N.Y.S.3d 890

2019 NY Slip Op 07235

Monet Dalpiaz, Appellant, v. Karen D. McGuire et al., Respondents.

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

Decided October 9, 2019.


Attorney(s) appearing for the Case

Bornstein & Emanuel, P.C. ( Paul D. Creinis , Brooklyn, NY, of counsel), for appellant.

Gerber Ciano Kelly Brady LLP, Garden City, NY ( Matthew S. Libroia of counsel), for respondent Karen D. McGuire.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York, NY ( Patrick J. Lawless and George Tompkins III of counsel), for respondent Starbucks Corporation.

Balkin, J.P., Leventhal, Roman and Connolly, JJ., concur.


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

On the morning of August 10, 2013, the plaintiff allegedly tripped and fell in a pothole located in a parking lot abutting premises in Suffolk County owned by the defendant Karen D. McGuire and leased to the defendant Starbucks Corporation. The plaintiff subsequently commenced this personal injury action against the defendants. The defendants separately moved, inter alia, for summary...

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