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DENMARK v. WAL-MART STORES, INC.

266 A.D.2d 776 (1999)

699 N.Y.S.2d 499

JOSEPHINE DENMARK et al., Respondents, v. WAL-MART STORES, INC., et al., Appellants.

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

Decided November 24, 1999.

Cardona, P. J.

In March 1995, plaintiff Josephine Denmark (hereinafter plaintiff) was injured when she tripped and fell on a sidewalk in front of a Wal-Mart department store located in the Town of Big Flats, Chemung County. Thereafter, plaintiff and her husband commenced this action alleging that plaintiff's fall was due to the presence of a "raised sidewalk, block, crack and/or depression" a short distance from the main...

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