WEIDNER v. BASSER-KAUFMAN 228, LLC

2020-03722 Index No. 600034/16.

212 A.D.3d 684 (2023)

182 N.Y.S.3d 710

2023 NY Slip Op 00126

Michael Weidner, Appellant, v. Basser-Kaufman 228, LLC, Respondent.

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

Decided January 11, 2023.


Attorney(s) appearing for the Case

Dell & Dean, PLLC ( Joseph G. Dell and Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Liss M. Mendez ], of counsel), for appellant.

McCarthy & Associates, Melville, NY ( Michael D. Kern of counsel), for respondent.

Dillon, J.P., Brathwaite Nelson, Miller and Maltese, JJ., concur.


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (William Condon, J.), dated May 4, 2020. The order granted the defendant's motion for summary judgment dismissing the complaint.

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

On the morning of August 2, 2013, the plaintiff allegedly sustained...

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