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McDONNELL v. BLOCKBUSTER VIDEO, INC.

2019-10620. Index No. 700255/10.

203 A.D.3d 713 (2022)

160 N.Y.S.3d 648

2022 NY Slip Op 01296

Michael McDonnell, Appellant, v. Blockbuster Video, Inc., Defendant, and Elmnic, LLC, et al., Respondents.

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

Decided March 2, 2022.

Attorney(s) appearing for the Case

Scott Baron & Associates, P.C., Howard Beach, NY, for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains, NY ( Roland T. Koke of counsel), for respondents.

Duffy, J.P., Chambers, Roman and Christopher, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action to recover damages for personal injuries he allegedly sustained in 2010 when he tripped and fell upon stepping into a hole in a parking lot. The subject property was owned by the defendant Elmnic, LLC (hereinafter Elmnic), and leased by the defendant Blockbuster Video, Inc. (hereinafter Blockbuster). The defendant Daniel

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