LOVE v. HOME DEPOT U.S.A., INC.


5 A.D.3d 636 (2004)

774 N.Y.S.2d 765

KENNETH LOVE et al., Respondents, v. HOME DEPOT U.S.A., INC., Appellant.

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

March 22, 2004.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff allegedly was injured when he tripped and fell in one of the defendant's stores. At his deposition, the plaintiff testified that he was unable to see exactly what caused him to fall because it was covered by paper and plastic packing materials used to wrap crates. He also testified that he tripped over something that was either on the floor...

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