THEPENIER v. BGTWO REALTY, LLC

2021-07077 Index No. 621416/18.

222 A.D.3d 690 (2023)

201 N.Y.S.3d 182

2023 NY Slip Op 06272

Nicole J. Thepenier, Appellant, v. BGTWO Realty, LLC, Respondent. (And a Third-Party Action.).

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

Decided December 6, 2023.


Attorney(s) appearing for the Case

Siben & Siben, LLP, Bay Shore, NY ( Alan G. Faber of counsel), for appellant.

Gordon Rees Scully Mansukhani, LLP, New York, NY ( Eric T. Evans and Kasey T. Mahoney of counsel), for respondent.

Dillon, J.P., Miller, Warhit and Love, JJ., concur.


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Kathy G. Bergmann, J.), dated September 14, 2021. 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.

The plaintiff, an employee of nonparty Petco Support...

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