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MACHT v. J.S. CINEMAS, INC.

18 A.D.3d 1102 (2005)

795 N.Y.S.2d 401

MALCOLM MACHT, Respondent, v. J.S. CINEMAS, INC., Appellant.

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

May 26, 2005.

CARPINELLO, J.

In this trip and fall case involving a then 76-year-old plaintiff, Supreme Court denied defendant's motion for summary judgment finding a question of fact as to the exact location of the accident. In support of its motion, defendant proffered plaintiff's deposition testimony in which he admittedly and unequivocally stated that he fell approximately one block from defendant's premises. He also testified, however...

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