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MILLER v. TERRACE CITY LODGE NO. 1499

2020-00636. Index No. 54695/18.

197 A.D.3d 643 (2021)

153 N.Y.S.3d 118

2021 NY Slip Op 04709

Cary Miller, Appellant, v. Terrace City Lodge No. 1499, Improved Benevolent Protection Order of the Elks of the World of Yonkers, New York, Inc., Respondent, et al., Defendants.

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

Decided August 18, 2021.

Attorney(s) appearing for the Case

Mallilo & Grossman, Flushing, NY ( Spencer R. Bell of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker, LLP, New York, NY ( Ross B. Barbour of counsel), for respondent.

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

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Terrace City Lodge No. 1499, Improved Benevolent Protective Order of Elks of the World of Yonkers, New York, Inc., for summary judgment dismissing the complaint insofar as asserted against it is denied.

On the night of December 30, 2017, the plaintiff allegedly slipped and fell on ice in the parking lot of the defendant Terrace City Lodge No. 1499, Improved Benevolent Protective...

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