BARNETT v. FUSCO

2021-04124, Index No. 617420/17.

206 A.D.3d 962 (2022)

168 N.Y.S.3d 857

2022 NY Slip Op 04147

Kevin Barnett, Respondent, v. Tracy Fusco et al., Appellants.

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

Decided June 29, 2022.


Attorney(s) appearing for the Case

Hollander Legal Group, P.C., Melville, NY ( Jennifer B. Ettenger of counsel), for appellants.

Brathwaite Nelson, J.P., Rivera, Chambers and Zayas, JJ., concur.


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

The plaintiff allegedly was injured when he slipped and fell while on premises owned by the defendants' decedent, and was assaulted by the defendant Christian Fusco. The plaintiff subsequently commenced this action to recover damages for personal injuries. The defendants moved for summary judgment

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