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SMOLEN v. KMART, INC.

2 A.D.3d 1438 (2003)

770 N.Y.S.2d 556

PIOTR SMOLEN et al., Appellants, v. KMART, INC., et al., Respondents. (Appeal No. 2.)

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

December 31, 2003.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this action seeking damages for injuries sustained by Piotr Smolen (plaintiff) when he either slipped or tripped on a ramp leading to a store operated by defendant Kmart, Inc. Defendants moved to dismiss the complaint at the close of plaintiffs' proof at trial. Supreme Court reserved decision and thereafter...

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