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MILLER v. HENRY MODELL & CO., INC.

180 A.D.2d 783 (1992)

Winifred Miller, Respondent, v. Henry Modell & Co., Inc., Appellant

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

February 24, 1992

Ordered that the order is affirmed, with costs.

We agree with Supreme Court's determination that the evidence before it on the motion for summary judgment, viewed in the light most favorable to the plaintiff, presents factual issues as to whether the alleged defect on the staircase in the defendant's department store was a proximate cause of the accident (see, Farrar v Teicholz, 173 A.D.2d 674), and whether the condition...

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