ORTIZ v. JIMTION FOOD CORP.


274 A.D.2d 508 (2000)

712 N.Y.S.2d 122

GILBERTO L. ORTIZ et al., Respondents, v. JIMTION FOOD CORP., Doing Business as C-TOWN, et al., Appellants.

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

Decided July 24, 2000.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff Gilberto Lugo Ortiz (hereinafter Ortiz) slipped and fell on accumulated snow and ice in the back lot of the defendant C-Town's supermarket. That store was leased from the defendant Hartford Leasing Corp. To get up, Ortiz reached out and grabbed a branch. When he let go, the branch struck him in the eye, causing injury...

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