PAGANO v. RITE-AID CORP.


266 A.D.2d 854 (1999)

698 N.Y.S.2d 129

MARY L. PAGANO, Respondents, v. RITE-AID CORP., Appellant.

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

Decided November 12, 1999.


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied defendant's motion for summary judgment dismissing the complaint. Plaintiffs seek to recover damages for injuries allegedly sustained by Mary Lou Pagano (plaintiff) when she stepped from the sidewalk onto a handicapped parking ramp in front of defendant's store. Defendant failed to meet its initial burden of establishing as a matter of law that it did not create the allegedly...

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