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PEZZOLLA v. FAMILY FRUIT 2, INC.

2022-07528. Index No. 152367/21.

220 A.D.3d 897 (2023)

198 N.Y.S.3d 198

2023 NY Slip Op 05280

Nancy Pezzolla, Respondent, v. Family Fruit 2, Inc., Appellant.

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

Decided October 18, 2023.

Attorney(s) appearing for the Case

Smith Mazure, P.C., New York, NY ( Carol G. Morokoff of counsel), for appellant.

Joseph A. Romagnolo , Staten Island, NY ( John Z. Marangos of counsel), for respondent.

Barros, J.P., Christopher, Warhit and Taylor, JJ., concur.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Richmond County (Ralph J. Porzio, J.), dated August 23, 2022. The order, in effect, granted the plaintiff's motion for summary judgment on the issue of liability and dismissing the defendant's affirmative defense alleging culpable conduct on the part of the plaintiff.

Ordered that the order is reversed, on the...

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