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ALDALALI v. SUNGOLD ASSOC. LTD. PARTNERSHIP

Index Nos. 25776/14E, 43140/15E, 43212/16E, 43195/17E. Appeal Nos. 14053 & M-1559. Case No. 2020-04477.

195 A.D.3d 500 (2021)

145 N.Y.S.3d 346

2021 NY Slip Op 03808

Deya Aldalali, Respondent, v. Sungold Associates Limited Partnership, Respondent/Third-Party Plaintiff-Respondent/Third Third-Party Plaintiff-Respondent, et al., Defendants. HKSM G.C. Co. Inc., Third-Party Defendant-Appellant. Henry Kessler, Third Third-Party Defendant-Appellant. (And a Second Third-Party Action.).

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

Decided June 15, 2021.

Attorney(s) appearing for the Case

Gannon, Rosenfarb & Drossman, New York ( Lisa L. Gokhulsingh of counsel), for appellant.

Robert G. Goodman, P.C., New York ( Robert G. Goodman of counsel), for Deya Aldalali, respondent.

Gallo Vitucci Klar LLP, New York ( Shanna R. Torgerson of counsel), for Sungold Associates Limited Partnership, respondent.

Concur—Renwick, J.P., Kern, Singh, Moulton, JJ.

Plaintiff's right thumb was severed after he leaned on the exterior metal gate at the entranceway to a building owned by defendant Sungold Associates Limited Partnership and leased to HKSM and Kessler. At the time of the accident, defendant Saba (2) Live Poultry Store was the sublessee of the ground floor store and had exclusive access to the gate.

Supreme Court properly found that HKSM and Kessler, out-of-possession sublessors, failed to establish their prima facie...

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