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SMUKALL v. DOLLAR TREE STORES, INC.

689 CA 17-00255.

199 A.D.3d 1316 (2021)

157 N.Y.S.3d 319

2021 NY Slip Op 06223

Mark Smukall et al., Appellants, v. Dollar Tree Stores, Inc., Appellant, and DentCo, Inc., et al., Respondents.

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

Decided November 12, 2021.

Attorney(s) appearing for the Case

CONNORS LLP, BUFFALO ( KELLY RILEY OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

SCHNADER, HARRISON, SEGAL & LEWIS LLP, NEW YORK CITY ( BARRY S. ALEXANDER OF COUNSEL), FOR DEFENDANT-APPELLANT.

NASH CONNORS, P.C., BUFFALO ( JAMES J. NASH OF COUNSEL), FOR DEFENDANTS-RESPONDENTS DENTCO, INC. AND DENT ENTERPRISES, INC.

HURWITZ & FINE, P.C., BUFFALO ( V. CHRISTOPHER POTENZA OF COUNSEL), FOR DEFENDANTS-RESPONDENTS JENNIFER G. FLANNERY, AS ADMINISTRATOR OF THE CONTRACTOR, INC.

Present—Smith, J.P., Lindley, Troutman and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion of defendants DentCo, Inc. and Dent Enterprises, Inc. in part, reinstating the second and third cross claims of defendant Dollar Tree Stores, Inc., and converting those cross claims into a third-party complaint, and as modified the order is affirmed without costs.

Memorandum: Mark Smukall (plaintiff) allegedly tripped and fell over a broken sign post in the...

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