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MARIN v. CITY OF NEW YORK

Index No. 301481/14. Appeal No. 12623. Case No. 2020-00063.

189 A.D.3d 545 (2020)

137 N.Y.S.3d 343

2020 NY Slip Op 07502

Hector F. Torres Marin, Respondent, v. City of New York et al., Defendants, Hunts Point Terminal Produce Cooperative Association, Inc., Appellant, and Sharkey's Trucking Corp. et al., Respondents.

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

Decided December 15, 2020.

Attorney(s) appearing for the Case

Abrams, Gorelick, Friedman & Jacobson, LLP, New York ( Steven DiSiervi of counsel), for appellant.

The Altman Law Firm, PLLC, Woodmere ( Michael T. Altman of counsel), for Hector F. Torres Marin, respondent.

Lewis Brisbois Bisgaard & Smith LLP, New York ( Jennifer R. Oxman of counsel), for Sharkey's Trucking Corp. and Fernando L. Fuentes, respondents.

Concur—Renwick, J.P., Gische, González, Scarpulla, Mendez, JJ.

Plaintiff seeks damages for injuries he allegedly sustained inside Hunts Point Produce Market (Market), a property owned by the City and leased by defendant Hunts Point Terminal Produce Cooperative Association (Hunts Point). Plaintiff was injured when a pallet jack he was operating collided with a tractor owned by defendant Sharkey's Trucking Corp. and operated by defendant Fernando L. Fuentes, an employee of Sharkey's. Plaintiff contends that inadequate lighting was the...

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