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KINACH v. TOPS MARKETS, LLC

1027 CA 19-02196.

194 A.D.3d 1456 (2021)

143 N.Y.S.3d 657

2021 NY Slip Op 02955

Pauline Kinach, as Executrix of the Estate of Paul Kinach, Deceased, Respondent, v. Tops Markets, LLC, Defendant, and Bathcanpul, LLC, Appellant.

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

Decided May 27, 2021.

Attorney(s) appearing for the Case

NASH CONNORS, P.C., BUFFALO ( MATTHEW A. LOUISOS OF COUNSEL), FOR DEFENDANT-APPELLANT.

RALPH W. FUSCO , UTICA, FOR PLAINTIFF-RESPONDENT.

Present—Centra, J.P., Lindley, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff's decedent fell at a supermarket operated by defendant Tops Markets, LLC (Tops). The building was owned by defendant Bathcanpul, LLC (Bathcanpul) and leased to Tops. This negligence action was thereafter commenced to recover damages for the decedent's injuries. Bathcanpul moved for summary judgment dismissing the complaint against it on the ground that...

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