FRANCISCO v. KIARA FOODS, INC.

2019-06376. Index No. 518317/16.

197 A.D.3d 563 (2021)

153 N.Y.S.3d 50

2021 NY Slip Op 04662

Joanel Francisco et al., Respondents, v. Kiara Foods, Inc., et al., Defendants, and La Rosa Fine Foods, Appellant.

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

Decided August 11, 2021.


Attorney(s) appearing for the Case

Kevin J. Philbin , New York, NY ( Jennifer L. Coviello of counsel), for appellant.

Frekhtman & Associates, Brooklyn, NY ( Martin M. Howfield and Arkady Frekhtman of counsel), for respondents.

LaSalle, P.J., Dillon, Iannacci and Christopher, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Joanel Francisco (hereinafter the injured plaintiff) allegedly was injured when he fell on a staircase inside a restaurant on premises leased by the defendant Kiara Foods, Inc., incorrectly sued herein as Kiara Foods, Inc., doing business as Manolo Tapas Restaurant (hereinafter Kiara Foods). The injured plaintiff, and his wife suing derivatively, commenced the instant personal injury...

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