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WESTBAY v. COSTCO WHOLESALE CORP.

2019-07807. Index No. 505943/16.

200 A.D.3d 935 (2021)

159 N.Y.S.3d 492

2021 NY Slip Op 07023

Dennis J. Westbay, Appellant, v. Costco Wholesale Corporation, Respondent, et al., Defendants. Appell Striping and Sealcoating, Inc., Third-Party Defendant.

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

Decided December 15, 2021.

Attorney(s) appearing for the Case

Sanders, Sanders, Block, Woycik, Viener & Grossman, LLP, Mineola, NY ( Cindy Simms , Martin Block , and Melissa C. Ingrassia of counsel), for appellant.

James J. Toomey , New York, NY ( Evy L. Kazansky of counsel), for respondent.

James F. Butler , Jericho, NY ( Nancy S. Goodman of counsel), for third-party defendant.

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

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the cross motion of the defendant Costco Wholesale Corporation which was for summary judgment dismissing the complaint insofar as asserted against it is denied.

The plaintiff alleges that he sustained personal injuries after falling in the parking lot of a store owned by the defendant Costco Wholesale Corporation (hereinafter Costco). According to the plaintiff...

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