FINELY v. ZSN, LLC

2022-00409. Index No. 715089/16.

221 A.D.3d 970 (2023)

201 N.Y.S.3d 428

2023 NY Slip Op 06122

Lethore K. Finely, Appellant, v. ZSN, LLC, Respondent, et al., Defendant.

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

Decided November 29, 2023.


Attorney(s) appearing for the Case

Bamundo Zwal Schermerhorn & Caffrey LLP, New York, NY ( Michael C. Zwal of counsel), for appellant.

Sacco & Fillas, LLP, Astoria, NY ( James Anthony Wolff of counsel), for respondent.

Brathwaite Nelson, J.P., Maltese, Ford and Warhit, JJ., concur.


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Timothy J. Dufficy, J.), dated December 6, 2021. The order denied the plaintiff's motion, inter alia, pursuant to CPLR 3126 to resolve the issue of whether the defendant ZSN, LLC, owned the premises abutting the portion of the sidewalk at issue, in his favor.

Ordered that the order is affirmed, with costs.

The plaintiff commenced...

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