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DAGNINO v. KEY BANK

2018-04682. Index No. 50883/15.

200 A.D.3d 756 (2021)

155 N.Y.S.3d 122

2021 NY Slip Op 06833

Linda A. Dagnino, Appellant-Respondent, v. Key Bank, Respondent-Appellant, and Red Hook Area Chambers of Commerce, Inc., et al., Respondents.

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

Decided December 8, 2021.

Attorney(s) appearing for the Case

Birbrower & Beldock, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Michael H. Zhu ], of counsel), for appellant-respondent.

Smith Mazure Director Wilkins Young & Yagerman, P.C., New York, NY ( Louise M. Cherkis of counsel), for respondent-appellant.

Schwab & Gasparini, PLLC, White Plains, NY ( Louis U. Gasparini of counsel), for respondent Red Hook Area Chambers of Commerce, Inc.

Drake Loeb PLLC, New Windsor, NY ( Stephen J. Gaba of counsel), for respondent Village of Red Hook.

Hinds-Radix, J.P., Duffy, Barros and Christopher, JJ., concur.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the defendant Red Hook Area Chambers of Commerce, Inc., payable by the plaintiff, and one bill of costs to the defendant Village of Red Hook payable by the plaintiff and the defendant Key Bank.

On August 16, 2014, at approximately 4:00 p.m., the plaintiff visited a kiosk operated by the defendant Red Hook Area Chambers of Commerce, Inc. (hereinafter the COC)....

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