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NATIVO v. DRAGONETTI BROS. LANDSCAPING NURSERY & FLORIST, INC.

2019-13380. Index No. 505589/18.

190 A.D.3d 981 (2021)

136 N.Y.S.3d 915

2021 NY Slip Op 00436

Joseph Nativo, Respondent, v. Dragonetti Brothers Landscaping Nursery & Florist, Inc., Appellant, et al., Defendant.

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

Decided January 27, 2021.

Attorney(s) appearing for the Case

Galvano & Xanthankis, P.C., Staten Island, NY ( Constantine A. Pantazis of counsel), for appellant.

Kuharski, Levitz & Giovinazzo, Staten Island, NY ( Lonny R. Levitz of counsel), for respondent.

Mastro, A.P.J., Austin, Miller and Connolly, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when he tripped on a raised catch basin. He commenced this personal injury action against, among others, the defendant Dragonetti Brothers Landscaping Nursery & Florist, Inc. (hereinafter Dragonetti Landscaping), a contractor, alleging that it was negligent in creating the allegedly dangerous...

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