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SKEFALIDIS v. CHINA PAGODA NY, INC.

2021-03063. Index No. 514677/20.

210 A.D.3d 925 (2022)

179 N.Y.S.3d 138

2022 NY Slip Op 06511

Katherine Skefalidis, Respondent, v. China Pagoda NY, Inc., et al., Defendants, and Bio Energy Development, Inc., Appellant. (And a Third-Party Action.).

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

Decided November 16, 2022.

Attorney(s) appearing for the Case

James F. Butler , Jericho, NY ( Kathleen E. Fioretti of counsel), for appellant.

Georgaklis & Mallas, PLLC, Brooklyn, NY ( Gregory S. Lombardi of counsel), for respondent.

Farber Brocks & Zane LLP, Garden City, NY ( Lester Chanin of counsel), for defendant China Pagoda NY, Inc.

Barros, J.P., Brathwaite Nelson, Chambers and Wan, JJ., concur.

In an action to recover damages for personal injuries, the defendant Bio Energy Development, Inc., appeals from an order of the Supreme Court, Kings County (Mark I. Partnow, J.), dated April 1, 2021. The order denied that defendant's motion pursuant to CPLR 3211(a)(7) to dismiss the amended complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

On September 28, 2017, the plaintiff allegedly was injured when she tripped and...

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