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FEBRESCORDERO v. 2527 BOSTON ROAD CORP.

301 A.D.2d 401 (2003)

753 N.Y.S.2d 83

MARIA FEBRESCORDERO, Respondent, v. 2527 BOSTON ROAD CORP., Defendant, and 2556 BOSTON FOOD CORP., Appellant. (And a Third-Party Action.)

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

Decided January 14, 2003.

In this personal injury action, plaintiff claims that she tripped over the upraised arms of a forklift or hi-lo located on the sidewalk adjacent to Fine Fare supermarket, owned and operated by appellant 2556 Boston Food Corp. (hereinafter Boston Food), injuring her knee. Plaintiff testified at her deposition that someone had parked a "big machine" used to "lift a lot of weight," which had a steering wheel and a seat for a driver...

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