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SCALIA v. KING KULLEN GROCERY CO., INC.

2019-12417. Index No. 610260/17.

199 A.D.3d 952 (2021)

154 N.Y.S.3d 485

2021 NY Slip Op 06384

Kimberly Scalia et al., Respondents, v. King Kullen Grocery Co., Inc., Respondent-Appellant, and Serota Northport, LLC, Appellant-Respondent.

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

Decided November 17, 2021.

Attorney(s) appearing for the Case

Keith J. Conway, Melville, NY ( Jerry Christoforatos of counsel), for appellant-respondent.

Cullen and Dykman, LLP, Garden City, NY ( James G. Ryan of counsel), for respondent-appellant.

Levine & Grossman, Mineola, NY ( Scott D. Rubin of counsel), for respondents.

Rivera, J.P., Brathwaite Nelson, Iannacci and Ford, JJ., concur.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs payable to the plaintiffs by the defendants.

On September 2, 2015, Kimberly Scalia (hereinafter the injured plaintiff) allegedly was injured when she fell while pushing a grocery cart along a sidewalk toward a grocery store operated by the defendant King Kullen Grocery Co., Inc. (hereinafter King Kullen). At the time of the accident, King Kullen leased the store...

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