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FAZZOLARI v. SUN ENTERPRISES, LLC

2019-01735. Index No. 603857/18.

189 A.D.3d 1001 (2020)

133 N.Y.S.3d 917

2020 NY Slip Op 07356

Joseph Fazzolari, Respondent, v. Sun Enterprises, LLC, et al., Defendants, and CVS Albany, LLC, Appellant.

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

Decided December 9, 2020.

Attorney(s) appearing for the Case

Ahmuty, Demers & McManus, Albertson, NY ( Glenn A. Kaminska , Nicholas M. Cardascia , Kevin Murtagh , and Mauro Lilling Naparty LLP [ Matthew W. Naparty ], of counsel), for appellant.

Law Office of Cohen & Jaffe, LLP (The Altman Law Firm, PLLC, Woodmere, NY [ Michael T. Altman ], of counsel), for respondent.

Andrea G. Sawyers , Melville, NY ( Scott W. Driver of counsel), for defendant Crescent Associates, LLC.

Rivera, J.P., Austin, Cohen and Duffy, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs to the plaintiff.

On June 5, 2017, the plaintiff allegedly sustained physical injuries when he fell while descending an interior staircase in a CVS store located on Franklin Avenue in Nassau County. At the time of the accident, the plaintiff was employed as a pharmacist by the defendant CVS Rx Services, Inc. (hereinafter CVS Rx), and the defendant CVS Albany, LLC (hereinafter CVS Albany), was...

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