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Pharmacists can claim damages against the CVS store tenant



Claims of negligence against the tenant in a CVS Health Corp. store after a pharmacist was injured in a case may continue, an appeals court held on Wednesday.

In Fazzolari v. Sun Enterprises LLC the Supreme Court of New York, the Appellate Chamber, Second Chamber, unanimously upheld a decision of the New York Supreme Court which denied a summary judgment to the tenant CVS Albany LLC at the request of a pharmacist who fell down a flight of stairs on the spot.

Pharmacist Joseph Fazzolari was hired by CVS Rx Services Inc. In June 2017, he suffered injuries when he fell while stepping down a flight of stairs in the CVS store where he worked. CVS Albany was a tenant in the store.

Mr. Fazzolari filed a personal injury complaint against its employer and tenant; both raised for a summary assessment on the basis that Fazzolari's claims were excluded from the exclusive provisions on compensation in New York. In 201

9, New York's Supreme Court issued a summary judgment to Fazzolari's employer but allowed him to proceed with his claims against CVS Albany. The tenant appealed.

The Board of Appeal upheld the decision of the Supreme Court, arguing that CVS Albany did not show that it and CVS Rx – Mr Fazzolari's employer – functioned as a single entity, or that any of the entities controlled the day – to – day operations.

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