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RYALS v. WEST 21ST ST. PROPS., LLC

2019-00345. Index No. 26466/11.

200 A.D.3d 1084 (2021)

155 N.Y.S.3d 816

2021 NY Slip Op 07569

Tracy Ryals, Appellant, v. West 21st Street Properties, LLC, Respondent, et al., Defendants. (And a Third-Party Action.).

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

Decided December 29, 2021.

Attorney(s) appearing for the Case

Rubino Law Firm, Yonkers, NY ( JenniElena Rubino of counsel), for appellant.

Correia, King, Fodera, McGinnis & Liferiedge (Mauro Lilling Naparty LLP, Woodbury, NY [ Seth M. Weinberg ], of counsel), for respondent.

Nesenoff & Miltenberg, LLP, New York, NY ( Philip A. Byler and Andrew T. Miltenberg of counsel), for third-party defendant John Bakhshi.

Rivera, J.P., Chambers, Ford and Dowling, JJ., concur.

Ordered that the order dated December 7, 2018, is affirmed insofar as appealed from, with costs payable by the plaintiff to the defendant 21st Street Properties, LLC.

The plaintiff commenced this consolidated action to recover damages for injuries he sustained after being shot inside a Manhattan nightclub. The defendant West 21st Street Properties, LLC (hereinafter W21), was the owner of the premises, and the defendant 539 JB Enterprises, Ltd (hereinafter JB), operated...

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