GAMBINO v. 475 PARK AVE. S., LLC

2019-13813. Index No. 101666/14.

197 A.D.3d 621 (2021)

150 N.Y.S.3d 235

2021 NY Slip Op 04699

Frank Gambino, Respondent, v. 475 Park Avenue South, LLC, Appellant, and Icon Parking Systems, LLC, et al., Respondents, et al., Defendant.

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

Decided August 18, 2021.


Attorney(s) appearing for the Case

French & Casey, LLP, New York, NY ( Joseph A. French and Scott J. Laird of counsel), for appellant.

Kowalski & DeVito (McGaw, Alventosa & Zajac, Jericho, NY [ Ross P. Masler ], of counsel), for defendants-respondents.

Rivera, J.P., Hinds-Radix, Connolly and Wooten, JJ., concur.


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

On December 16, 2013, the plaintiff allegedly slipped and fell on a patch of ice on a sidewalk abutting premises owned by the defendant 475 Park Avenue South, LLC (hereinafter 475 Park Avenue) and subleased to the defendant 475 Parking, LLC (hereinafter 475 Parking). Subsequently, the plaintiff commenced this action to recover damages for personal injuries against, among others, 475 Park Avenue...

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