O'BRIEN v. VILLAGE OF BABYLON

2019-11155. Index No. 4211/13.

196 A.D.3d 494 (2021)

2021 NY Slip Op 04232

Donald O'Brien et al., Appellants, v. Village of Babylon et al., Respondents. (And a Third-Party Action.).

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

Decided July 7, 2021.


Attorney(s) appearing for the Case

Sullivan Papain Block McGrath Coffinas & Cannavo, P.C., Garden City, NY ( Stephen C. Glasser and Christopher J. DelliCarpini of counsel), for appellants.

Kelly Rode & Kelly, LLP, Mineola, NY ( Eric P. Tosca of counsel), for respondent Village of Babylon.

Fleischer Potash LLP, Mineola, NY ( Nancy Davis Lewis of counsel), for respondents Lessing's, Inc., and Southland Restaurant Corporation.

John J. Bello, Jr. , New York, NY ( Robert F. Horvat of counsel), for respondent Babylon Beautification Society, Inc.

Rivera, J.P., Hinds-Radix, Duffy and Christopher, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

On June 25, 2012, the plaintiff Donald O'Brien (hereinafter the injured plaintiff) allegedly sustained injuries when he fell upon stepping into a gap in the brickwork around a tree well located in a public sidewalk abutting premises owned by the defendants Lessing's, Inc., and Southland Restaurant Corporation (hereinafter...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases