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WARREN v. WILMORITE, INC.

211 A.D.2d 904 (1995)

621 N.Y.S.2d 184

Peggy Warren, Respondent, v. Wilmorite, Inc., Defendant, and Fay's Incorporated, Appellant-Respondent, and Stop & Shop Companies, Inc., Respondent-Appellant

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

January 5, 1995

Peters, J.

On October 5, 1987, plaintiff allegedly tripped and fell on a piece of plywood while walking on a sidewalk at a shopping center known as Mohawk Mall, located in the Town of Niskayuna, Schenectady County. The sidewalk abutted the outside of a soon to be opened Fay's Drug Store owned and operated by defendant Fay's Incorporated (hereinafter Fay's). At the time of plaintiff's accident, there were two pertinent leases in effect. The first lease...

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