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ELHANAFY v. SAKS FIFTH AVE.

241 A.D.2d 344 (1997)

660 N.Y.S.2d 977

Magdy Elhanafy, Appellant, v. Saks Fifth Avenue, Respondent and Third-Party Plaintiff-Respondent. Ogden Services Corporation, Third-Party Defendant-Respondent

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

July 3, 1997

The photographs repeatedly excluded by the trial court were properly rejected, since there is no indication that any of them was a true, fair or accurate representation of the doorway, and particularly of the hole that allegedly caused plaintiff's injuries, on the morning of the accident (see, Moore v Leaseway Transp. Corp., 49 N.Y.2d 720, 723). Prior to this appeal, plaintiff did...

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