YOUSUF v. HORACE PLAZA, LLC

Index No. 153418/20. Appeal No. 523. Case No. 2023-00055.

219 A.D.3d 1185 (2023)

196 N.Y.S.3d 3

2023 NY Slip Op 04492

Abu Yousuf, Appellant, v. Horace Plaza, LLC, et al., Respondents.

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

Decided September 7, 2023.


Attorney(s) appearing for the Case

Hill & Moin LLP, New York ( Cheryl R. Eisberg Moin of counsel), for appellant.

Law Offices of Kevin P. Westerman, Garden City ( Gregory J. Perrotta of counsel), for respondents.

Concur—Renwick, P.J., Kennedy, Scarpulla, Shulman, Higgitt, JJ.


Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered December 2, 2022, which granted defendants' motion for summary judgment dismissing the complaint and denied plaintiff's cross-motion for summary judgment on his claims, unanimously modified, on the law, to reinstate plaintiff's common-law negligence claim, and otherwise affirmed, without costs.

Plaintiff fell from a ladder while replacing two ceiling tiles in the Dunkin' Donuts store where he was...

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