Plaintiff, who was injured when he tripped over the concrete island surrounding the pumps at defendant gasoline station, does not claim that the island was slippery or concealed, and his expert concedes that such islands are a feature common to virtually every gas station. No issue of fact as to defendants' negligence is raised; the mere existence of the island does not give rise to liability (see Goldban v 56th Realty,
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BERNARDO v. GRANITE CAPITOL HOLDINGS, INC.
307 A.D.2d 834 (2003)
763 N.Y.S.2d 579
JOSE R. BERNARDO, Appellant, v. GRANITE CAPITOL HOLDINGS, INC., et al., Respondents.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided August 14, 2003.
Decided August 14, 2003.
Appellate Division of the Supreme Court of the State of New York, First Department.
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