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ZUK v. GREAT ATLANTIC & PACIFIC TEA CO., INC.

21 A.D.3d 275 (2005)

799 N.Y.S.2d 504

OLGA ZUK, Respondent, v. THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., Doing Business as FOOD EMPORIUM, Appellant.

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

August 11, 2005.

This is a personal injury action in which plaintiff claims that she was injured when, while walking on a sidewalk at a strip mall, she was struck by an empty shopping cart owned by defendant. Plaintiff testified at an examination before trial that she did not see the cart prior to being struck by it, she was looking at nothing in particular prior to the incident, and she did not see anyone touching the cart before it struck her.

Defendant's store manager testified...

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