COHEN v. SHOPWELL, INC.


309 A.D.2d 560 (2003)

765 N.Y.S.2d 40

HERBERT COHEN, Appellant, v. SHOPWELL, INC., et al., Respondents.

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

Decided October 9, 2003.


Plaintiff visited a supermarket while a renovation project was underway. Upon arriving at the aisle he desired, plaintiff found his path obstructed by three renovation workers lying prone on the floor, with their heads under a counter and their legs extending nearly all the way across the aisle. Plaintiff successfully stepped over the legs of all three workers when he passed in one direction. When plaintiff returned in the other direction, he successfully stepped over two...

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