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CHIAMULERA v. NEW WINDSOR MALL

2019-10511. Index No. 9297/14.

212 A.D.3d 770 (2023)

183 N.Y.S.3d 423

2023 NY Slip Op 00300

Dennis Chiamulera, Respondent, v. New Windsor Mall, Appellant, et al., Defendants.

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

Decided January 25, 2023.

Attorney(s) appearing for the Case

Burke, Scolamiero & Hurd, LLP, Albany, NY ( Steven V. DeBraccio , of counsel), for appellant.

Patrick S. Owen, PLLC Middletown, NY, for respondent.

Brathwaite Nelson, J.P., Miller, Genovesi and Warhit, JJ., concur.

In a consolidated action to recover damages for personal injuries, the defendant New Windsor Mall appeals from an order of the Supreme Court, Orange County (Robert A. Onofry, J.), dated June 17, 2019. The order, insofar as appealed from, denied that branch of the motion of the defendant New Windsor Mall, made jointly with Frederick J. Kass, which was for summary judgment dismissing the complaint insofar as asserted against the defendant New Windsor Mall.

Ordered that...

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