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KEENEY v. HEMPSTEAD TURNPIKE, LLC

2019-08120. Index No. 605525/16.

205 A.D.3d 896 (2022)

166 N.Y.S.3d 568

2022 NY Slip Op 03235

Richard Keeney et al., Appellants, v. Hempstead Turnpike, LLC, Defendant/Third-Party Plaintiff-Respondent, and Stop and Shop Supermarket Company LLC, Defendant/Second Third-Party Plaintiff-Respondent. East Coast Lot & Pavement Maintenance Corporation, Third-Party Defendant-Respondent; S & S Levittown, LLC, Second Third-Party Defendant-Respondent.

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

Decided May 18, 2022.

Attorney(s) appearing for the Case

Dell & Dean, PLLC (Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Lauren Bryant ], of counsel), for appellants.

Martyn & Martyn, Mineola, NY ( Christine J. Hill of counsel), for defendant third-party plaintiff-respondent and second third-party defendant-respondent.

Ahmuty, Demers & McManus (Cullen & Dykman, LLP, Garden City, NY [ Nicholas M. Cardascia ], of counsel), for defendant second third-party plaintiff-respondent.

Vincent D. McNamara , East Norwich, NY ( Karen J. Walsh of counsel), for third-party defendant-respondent.

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

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

On January 21, 2014, at approximately 4:30 p.m., the plaintiff Richard Keeney (hereinafter the injured plaintiff) allegedly slipped and fell on snow on a sidewalk in front of a store operated by the defendant Stop & Shop Supermarket Company, LLC (hereinafter...

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