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KASEM v. PRICE-RITE OFFICE AND HOME FURNITURE

21 A.D.3d 799 (2005)

800 N.Y.S.2d 713

VEZVI KASEM, Appellant, et al., Plaintiff, v. PRICE-RITE OFFICE AND HOME FURNITURE, Respondent, et al., Defendant.

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

September 20, 2005.

On December 27, 1995, appellant Vezvi Kasem, then 60 years old, slipped on the sidewalk in front of defendant Price-Rite's store, sustaining a compound fracture of the left wrist. She noticed that although there were piles of snow at the sides of the walkway, the middle of the sidewalk appeared clear. However, after she fell, she observed that flat, "small pieces of ice" were "stuck to the sidewalk" where she had been walking.

In March 2003, Price-Rite moved for summary...

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