Moss v. Capital District Regional Off-Track Betting Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEgan Jr., J.
In December 2003, plaintiff slipped and fell at a facility owned by defendant Capital District Regional Off-Track Betting Corporation (hereinafter OTB) and located in the City of Albany. At the time of the incident, the food concession at the facility was operated by defendants Michael E Verdile Sr. and Thoroughbred Caterers, Ltd. (hereinafter collectively referred to as defendants) pursuant to a lease agreement between defendants and OTB. On the day in question, plaintiff had been in the facility for approximately 90 minutes prior to his fall, during which time he traversed the set of…
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