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HERBERT v. 1025 CHILI AVENUE, LLC

70 CA 20-01408.

206 A.D.3d 1556 (2022)

168 N.Y.S.3d 766

2022 NY Slip Op 03585

David Herbert, Respondent, v. 1025 Chili Avenue, LLC, Appellant.

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

Decided June 3, 2022.

Attorney(s) appearing for the Case

LIPPMAN O'CONNOR, BUFFALO ( MATTHEW J. DUGGAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

FITZSIMMONS, NUNN & PLUKAS, LLP, ROCHESTER ( JASON E. ABBOTT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Peradotto, J.P., Lindley, Winslow and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff, a paver operator employed by a nonparty, commenced this action seeking to recover damages for injuries that he allegedly sustained when he stepped off of a parked paver and onto an uneven surface on property owned by defendant. Plaintiff alleges that plaintiff's employer had an oral agreement with defendant...

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