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ARIAS v. SANITATION SALVAGE CORP.

302277/15. Appeal No. 14679-14680-14680A. Case Nos. 2021-00639, 2020-03786, 2020-03995.

199 A.D.3d 554 (2021)

159 N.Y.S.3d 14

2021 NY Slip Op 06534

Robert Arias, Respondent, v. Sanitation Salvage Corp., Appellant, et al., Defendants. (And a Third-Party Action.) S.M.H.S. Realty Corp., Third-Party Plaintiff-Respondent-Appellant, et al., Third-Party Plaintiff, v. The Lobster Place Inc., Third-Party Defendant-Appellant-Respondent.

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

Decided November 23, 2021.

Attorney(s) appearing for the Case

Law Offices of Cheng & Associates PLLC, Long Island City ( Pui C. Cheng of counsel), for appellant.

Cascone & Kluepfel, LLP, Garden City ( Howard B. Altman of counsel), for appellant-respondent.

Law Office of James J. Toomey, New York ( Evy L. Kazansky of counsel), for respondent-appellant.

Aaronson Rappaport Feinstein & Deutsch, LLP, New York ( Elliott J. Zucker of counsel), for respondent.

Concur—Acosta, P.J., Gische, Singh, Scarpulla, Mendez, JJ.

Plaintiff commenced this action to recover for personal injuries that he sustained when he slipped and fell on a piece of fish skin on the ground at Lobster, a wholesale seafood processing and distribution facility, at which he was employed as a delivery driver. At all relevant times, SMHS owned the property, which it leased to Lobster, and Lobster contracted with Sanitation to perform garbage removal services. Plaintiff testified that his accident occurred on the sidewalk...

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