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NICOSIA v. BUCKY DEMELAS & SON LANDSCAPE CONTRS., INC.

2019-11390. Index No. 609289/16.

194 A.D.3d 826 (2021)

143 N.Y.S.3d 893

2021 NY Slip Op 03041

Janet Nicosia, Respondent, v. Bucky Demelas & Son Landscape Contractors, Inc., Appellant.

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

Decided May 12, 2021.

Attorney(s) appearing for the Case

Gorton & Gorton, LLP, Garden City, NY ( John T. Gorton of counsel), for appellant.

Dell & Dean, PLLC, Garden City, NY ( Joseph G. Dell and Mischel & Horn, P.C. [ Scott T. Horn and Christen Giannaros ], of counsel), for respondent.

Hinds-Radix, J.P., LaSalle, Barros and Connolly, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action against the defendant to recover damages for personal injuries that she allegedly sustained on the morning of February 18, 2014, when she slipped and fell on ice in the parking lot of her place of employment in Nassau County. The defendant had been hired by the nonparty occupant of the premises to plow the subject parking lot. The defendant moved for summary judgment dismissing the...

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