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ESPINOZA v. MINUS5 HH NYC, INC.

Index No. 152581/17. Appeal No. 12615. Case Nos. 2020-01226(1), 2020-03037.

189 A.D.3d 499 (2020)

133 N.Y.S.3d 798

2020 NY Slip Op 07453

Byron Espinoza, Appellant-Respondent, v. Minus5 HH NYC, Inc., Doing Business as Minus 5 Ice Bar, et al., Respondents, and The Manlyn Development Group, Inc., Respondent-Appellant.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

Krentsel & Guzman, LLP, New York ( Marcia K. Raicus of counsel), for appellant-respondent.

Clausen Miller, P.C., New York ( Mara Goltsman and Don R. Sampsen , of the bar of the State of Illinois, admitted pro hac vice, of counsel), for The Manlyn Development Group, Inc., respondent-appellant.

Ahmuty, Demers & McManus, Albertson ( Kevin J. Murtagh of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Gesmer, Moulton, Shulman, JJ.

Plaintiff was injured at Minus5 Ice Bar, owned by defendant Minus5, when a wall made of ice started to fall, and a ceiling panel and a security camera attached to it fell on him. Minus5 had leased the premises from Hilton four years earlier and retained Manlyn to construct the bar. A year before the accident, Minus5 retained Manlyn to perform renovation work, including replacement of the ceiling.

The record demonstrates that Hilton cannot be held liable for plaintiff...

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