VAUGHAN v. TRIUMPHANT CHURCH OF JESUS CHRIST

2019-11110. Index No. 501243/15.

193 A.D.3d 1104 (2021)

147 N.Y.S.3d 612

2021 NY Slip Op 02560

Horace Vaughan, Respondent, v. Triumphant Church of Jesus Christ, Appellant, et al., Defendants.

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

Decided April 28, 2021.


Attorney(s) appearing for the Case

White & McSpedon, P.C. (Gannon, Rosenfarb & Drossman, New York, NY [ Lisa L. Gokhulsingh ], of counsel), for appellant.

Douglas & London, P.C. (Arnold E. DiJoseph, P.C., New York, NY [ Arnold E. DiJoseph III ], of counsel), for respondent.

Dillon, J.P., Hinds-Radix, Barros and Wooten, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Triumphant Church of Jesus Christ for summary judgment dismissing the complaint insofar as asserted against it is granted.

The plaintiff, while walking inside a deli where he was a customer, allegedly sustained personal injuries when he fell through an open trapdoor. The deli was operated by the defendant United Express Deli, which leased the premises from the defendant Triumphant...

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