KAJFASZ v. WAL-MART STORES, INC.


288 A.D.2d 902 (2001)

732 N.Y.S.2d 494

STELLA KAJFASZ et al., Respondents, v. WAL-MART STORES, INC., et al., Appellants.

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

Decided November 9, 2001.


Order unanimously affirmed with costs.

Memorandum:

Defendants contend that Supreme Court erred in denying their motion for summary judgment dismissing the complaint because plaintiffs' allegation that a 1½-inch height differential caused plaintiff Stella Kajfasz to trip and fall in the entranceway to defendants' store is supported only by speculation. We disagree. Defendants could not establish their entitlement to judgment as a matter of law merely by...

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