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NICK'S POULTRY, INC. v. SEAMAN RADIO DISPATCHER, INC.

Index No. 29146/17. Appeal No. 14345. Case No. 2021-00055.

198 A.D.3d 462 (2021)

152 N.Y.S.3d 576

2021 NY Slip Op 05463

Nick's Poultry, Inc., Plaintiff, v. Seaman Radio Dispatcher, Inc., et al., Respondents, and R&G Associates, LLC, Appellant, et al., Defendants.

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

Decided October 12, 2021.

Attorney(s) appearing for the Case

Foran Glennon Palandech Ponzi & Rudloff, P.C., New York ( Joseph W. Szalyga of counsel), for appellant.

The Law Offices of Heriberto J. Rodriguez, PLLC, Bronx ( William H. Grae of counsel), for respondents.

Concur—Renwick, J.P., Kern, Oing, Mendez, Rodriguez, JJ.

In 1995, plaintiff Nick's Poultry, Inc. entered into a commercial lease to operate a live poultry market in the property owned and managed by defendants Seamans. Plaintiff's poultry shop suffered damage when a retaining wall at the back of the Seaman property collapsed during a heavy rainstorm. Plaintiff commenced this action to recover damages against defendants Seamans and defendant R&G Associates, LLC, the owner of the adjacent real property located at a higher elevation...

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