BOWRY v. UPTOWN GIFT SHOP


292 A.D.2d 240 (2002)

740 N.Y.S.2d 294

LETITIA BOWRY, Respondent, v. UPTOWN GIFT SHOP, Appellant.

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

Decided March 19, 2002.


Summary judgment in defendant's favor is precluded by an issue of fact as to whether the plastic strap on which plaintiff allegedly slipped had been wrapped around one of the boxes that defendant used to display merchandise on the sidewalk. We reject defendant's argument that the existence of a corner newsstand, a frequently overflowing nearby garbage can and other possible sources of the strap requires summary judgment in its favor (compare, Hernandez v Menstown Stores...

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