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SALAZAR v. B.R. FRIES & ASSOCS., INC.

251 A.D.2d 210 (1998)

674 N.Y.S.2d 358

Vanessa Salazar, an Infant, by Her Mother and Natural Guardian, Naybie Lopez, et al., Respondents, v. B.R. Fries and Associates, Inc., Respondent, and K-Mart Corporation, Appellant. (And a Third-Party Action.)

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

June 23, 1998

In this personal injury action, the trial court's charge regarding intervening and superseding negligence (see, Derdiarian v Felix Contr. Corp., 51 N.Y.2d 308, 315) was proper in light of evidence that the handrail upon which plaintiff sustained her injury was redamaged by K-Mart employees, with the knowledge of K-Mart management, subsequent to its repair by defendant B. R. Fries...

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