Opinion Excerpt

Simon v Plainview Ave. Assoc. 2026 NY Slip Op 05205 September 2, 2026 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This decision is uncorrected and subject to revision before publication in the Official Reports. Michael Joseph Simon, appellant, v Plainview Avenue Associates, defendant, Home Depot U.S.A., Inc., et al., respondents. Supreme Court of the State of New York, Appellate Division, Second Judicial Department Decided