PABON v. 940 SOUTHERN BLVD., LLC

11314, 301794/13.

181 A.D.3d 547 (2020)

119 N.Y.S.3d 744

2020 NY Slip Op 02117

Rafael Pabon, Respondent, v. 940 Southern Blvd., LLC, et al., Appellants, et al., Defendants.

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

Decided March 26, 2020.


Partial summary judgment on the issue of liability was improperly granted in this action where plaintiff alleges that he was injured when he tripped and fell on the sidewalk abutting property owned by 940 Southern Blvd., LLC and operated as a supermarket by defendant FT Meat Corporation. Plaintiff's account of his accident was uncorroborated by any witnesses, reports to others, or his medical files, and he did not seek treatment for his injury to his wrist until several weeks...

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