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POKORSKI v. FDA LOGISTICS, LLC

947 CA 19-02304.

195 A.D.3d 1470 (2021)

150 N.Y.S.3d 171

2021 NY Slip Op 03770

Robert W. Pokorski, Respondent, v. FDA Logistics, LLC, et al., Appellants.

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

Decided June 11, 2021.

Attorney(s) appearing for the Case

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( WILLIAM K. KENNEDY OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

RAMOS & RAMOS, BUFFALO ( DEAN P. SMITH OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Centra, NeMoyer, Winslow and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously reversed in the exercise of discretion without costs and the motion is denied.

Memorandum: Plaintiff commenced this action seeking damages for injuries he allegedly sustained when he slipped and fell on accumulated snow and ice on defendants' property. Defendants served plaintiff with a notice of physical examination pursuant to CPLR 3121 requiring plaintiff...

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