TOLTCHELNIKOVA v. COMMUNITY RECYCLING, LLC

2019-12330. Index No. 521421/17.

197 A.D.3d 677 (2021)

149 N.Y.S.3d 900

2021 NY Slip Op 04729

Marina Toltchelnikova, Respondent, v. Community Recycling, LLC, et al., Respondents, and Key Food Stores Co-operative, Inc., Appellant, et al., Defendant.

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

Decided August 18, 2021.


Attorney(s) appearing for the Case

Perry, Van Etten, Rozanski & Kutner, LLP, New York, NY ( Kenneth J. Kutner of counsel), for appellant.

William Pager , Brooklyn. NY, for plaintiff-respondent.

Chambers, J.P., Miller, Barros and Iannacci, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant 319 Meat Market Corp., incorrectly sued herein as Key Food Stores Co-operative, Inc., for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.

On March 5, 2017, the plaintiff was walking on a sidewalk abutting premises operated by the defendant 319 Meat Market Corp., incorrectly sued herein as Key Food Stores Co-operative...

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