PHELPS-VACHIER v. GENOVESE DRUG STORES, INC.

2019-14397. Index No. 610340/18.

207 A.D.3d 582 (2022)

169 N.Y.S.3d 854

2022 NY Slip Op 04571

Michele Phelps-Vachier, Appellant, v. Genovese Drug Stores, Inc., et al., Respondents. (And a Third-Party Action.)

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

Decided July 13, 2022.


Attorney(s) appearing for the Case

Bergman, Bergman, Fields & Lamonsoff, LLP, Hicksville, NY ( Amit Sondhi , Michael E. Bergman , and Julie R. Mark of counsel), for appellant.

Raven & Kolbe, LLP, New York, NY ( Michael T. Gleason of counsel), for respondents.

LaSalle, P.J., Dillon, Roman and Genovesi, JJ., concur.


Ordered that the order is modified, on the law and in the exercise of discretion, by adding thereto the words "without prejudice to renewal upon completion of discovery" following the words "the motions are denied" contained in the last paragraph thereof; as so modified, the order is affirmed insofar as appealed from, with costs to the respondents.

On April 16, 2018, the plaintiff allegedly was injured when she slipped and fell inside a Rite Aid Pharmacy owned by...

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