BOVEE v. POSNIEWSKI ENTERS., INC.

533574.

206 A.D.3d 1112 (2022)

168 N.Y.S.3d 732

2022 NY Slip Op 03561

Ralph Bovee, Appellant, v. Posniewski Enterprises, Inc., et al., Doing Business as Lox of Bagels & Moor, Respondents.

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

Decided June 2, 2022.


Attorney(s) appearing for the Case

FitzGerald Morris Baker Firth, PC, Glens Falls ( John D. Aspland of counsel), for appellant.

Maynard, O'Connor, Smith & Catalinotto, LLP, Albany ( Robert A. Rausch of counsel), for respondents.

Lynch, J.P., Clark, Aarons and Colangelo, JJ., concur.


Plaintiff commenced this negligence action seeking damages for injuries that he sustained when he tripped and fell in the parking lot of a store owned by defendants. Following joinder of issue and discovery, defendants moved for summary judgment dismissing the complaint on the basis that plaintiff was unable to identify the cause of his...

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