Dalpiaz v. McGuire
| Decision Date | 09 October 2019 |
| Docket Number | 2018–01909,Index No. 4299/15 |
| Citation | 107 N.Y.S.3d 890 (Mem),176 A.D.3d 779 |
| Parties | Monet DALPIAZ, appellant, v. Karen D. MCGUIRE, et al., respondents. |
| Court | New York Supreme Court — Appellate Division |
176 A.D.3d 779
107 N.Y.S.3d 890 (Mem)
Monet DALPIAZ, appellant,
v.
Karen D. MCGUIRE, et al., respondents.
2018–01909
Index No. 4299/15
Supreme Court, Appellate Division, Second Department, New York.
Argued - May 7, 2019
October 9, 2019
Bornstein & Emanuel, P.C. (Paul D. Creinis, Brooklyn, NY, of counsel), for appellant.
Gerber Ciano Kelly Brady LLP, Garden City, N.Y. (Matthew S. Libroia of counsel), for respondent Karen D. McGuire.
Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York, N.Y. (Patrick J. Lawless and George Tompkins III of counsel), for respondent Starbucks Corporation.
RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, SHERI S. ROMAN, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (John H. Rouse, J.), dated December 13, 2017. The order, insofar as appealed from, granted those branches of the separate motions of the defendants which were for summary judgment dismissing the complaint insofar as asserted against each of them.
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.
On the morning of August 10, 2013, the plaintiff allegedly tripped and fell in a pothole located in a parking lot abutting premises in Suffolk County owned by the defendant Karen D. McGuire and leased to the defendant Starbucks Corporation. The plaintiff subsequently commenced this personal injury action against the defendants. The defendants separately moved, inter alia, for summary judgment dismissing the complaint insofar as asserted against each of them. The Supreme Court awarded the defendants summary judgment dismissing the complaint insofar as asserted against each of them. The plaintiff appeals.
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