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McGOWAN-AMANDOLA v. FEDERAL REALTY INV. TRUST

2017-05054, 2017-12313. Index No. 1874/10.

191 A.D.3d 868 (2021)

138 N.Y.S.3d 911

2021 NY Slip Op 01039

Joan McGowan-Amandola et al., Appellants, v. Federal Realty Investment Trust, Respondent, et al., Defendants.

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

Decided February 17, 2021.

Attorney(s) appearing for the Case

Sacco & Fillas, LLP, Astoria, NY ( James R. Baez of counsel), for appellants.

Marshall Dennehey Warner Coleman & Goggin, New York, NY ( Adam C. Calvert of counsel), for respondent.

Austin, J.P., Hinds-Radix, Connolly and Brathwaite Nelson, JJ., concur.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

On November 14, 2009, the plaintiff Joan McGowan-Amandola (hereinafter the injured plaintiff) allegedly was walking across a paved area between two sidewalks in the parking lot of a shopping center when she was struck by a vehicle making a left turn. The injured plaintiff, and her husband suing derivatively, commenced this personal injury...

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