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LANZA v. B.H.N.V. REALTY CORP.

Index No. 156354/14E. Appeal No. 15016-15017-15017A. Case Nos. 2020-04776, 2020-04778, 2021-01633.

201 A.D.3d 468 (2022)

160 N.Y.S.3d 234

2022 NY Slip Op 00126

Ana Lanza, Respondent, v. B.H.N.V. Realty Corp. et al., Respondents-Appellants. B.H.N.V. Realty Corp. et al., Third-Party Plaintiffs-Respondents-Appellants, v. Rentokil North America, Inc., Third-Party Defendant-Appellant-Respondent.

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

Decided January 11, 2022.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP, New York ( Nicholas P. Hurzeler , of counsel), for appellant-respondent.

Sobel Pevzner, L.L.C., Huntington ( David Goldman of counsel), for Rite Aid Hdqtrs Corp., and Rite Aid of New York, Inc., respondents-appellants.

Jaghab, Jaghab & Jaghab, P.C., Mineola ( Erik J. Gerstenfeld , of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Moulton, Kennedy, Scarpulla, JJ.

Plaintiff alleges that she was injured after she tripped and fell on a glue trap that Rentokil had placed in a Rite Aid store. The record indicates that, prior to plaintiff's accident, Rentokil had placed glue traps in various locations throughout the store, including inside the drawers of the cabinets containing greeting cards in the greeting card aisle. The glue trap on which plaintiff tripped and fell was allegedly under one of those cabinets.

Initially, we note...

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