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GALLINA v. 7901-11 13TH AVE. REALTY CORP.

Index No. 518212/17.

186 A.D.3d 1617 (2020)

129 N.Y.S.3d 834

2020 NY Slip Op 05187

Salvatore Gallina, Respondent, v. 7901-11 13th Avenue Realty Corp., Appellant.

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

Decided September 30, 2020.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

The plaintiff allegedly was injured after falling through an opening in the floor of a supermarket in Brooklyn where he was employed as a baker. The opening led to the basement of the premises and was used as a shaft for a lift that had been installed on the premises and was used...

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