WESSELS v. SERV. MERCH., INC.


187 A.D.2d 837 (1992)

Sherryl Wessels et al., Respondents, v. Service Merchandise, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 12, 1992


Mercure, J.

Plaintiff Sherryl Wessels (hereinafter plaintiff) was injured when she fell on the sidewalk in front of defendant's store. She testified that she ran across the parking lot because it was raining, proceeded onto the sidewalk and continued to run to an area of the sidewalk covered by a canopy, where her feet went out from under her. It is undisputed that the entire sidewalk, including the portion under the canopy, was wet from rain. In her...

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