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MAURO v. ZORN REALTIES, INC.

2020-00066, Index No. 609578/16.

206 A.D.3d 645 (2022)

170 N.Y.S.3d 113

2022 NY Slip Op 03509

Angelo Mauro, Appellant, v. Zorn Realties, Inc., Respondent.

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

Decided June 1, 2022.

Attorney(s) appearing for the Case

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

Martyn, Martyn, Smith & Murray, Mineola, NY ( David C. Smith of counsel), for respondent.

Duffy, J.P., Maltese, Christopher and Ford, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

The plaintiff allegedly was injured when he fell through a chute or hole in the floor on the second story of a warehouse building located on land owned by the defendant, Zorn Realties, Inc. The plaintiff was employed by nonparty Zorn Poultry Farms, Inc. As a result of the accident, the plaintiff received workers' compensation...

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