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GIBBON v. 1515 BEDFORD AVENUE REALTY, LLC

2018-08791. Index No. 9583/15.

189 A.D.3d 1366 (2020)

138 N.Y.S.3d 573

2020 NY Slip Op 07869

Gairy Gibbon, Appellant, v. 1515 Bedford Avenue Realty, LLC, Respondent.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

Mirman, Markovits & Landau, P.C. ( Ephrem J. Wertenteil , New York, NY, of counsel), for appellant.

Ginsburg & Misk LLP, Queens Village, NY ( Gerard N. Misk of counsel), for respondent.

Dillon, J.P., LaSalle, Iannacci and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action by summons and complaint dated June 20, 2015. The plaintiff alleged that, on or about May 4, 2015, he was injured in an accident at a work site managed by the defendant, 1515 Bedford Avenue Realty, LLC. The defendant joined issue by answering the complaint on or about September 21, 2015.

During the discovery phase of the litigation, both the plaintiff and the defendant's owner...

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