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LATORRE v. NEW YORK CITY TRANSIT AUTHORITY

33 A.D.3d 969 (2006)

822 N.Y.S.2d 725

ANTHONY P. LATORRE et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents, and RITE AID, INC., Appellant.

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

Decided October 31, 2006.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against the defendant Rite Aid, Inc., is granted.

On July 1, 2000 at approximately 6:00 A.M., the plaintiff Anthony P. LaTorre was walking on the sidewalk on 4th Avenue in Brooklyn in front of a store leased by the defendant Rite Aid, Inc. (hereinafter Rite Aid), taking his customary route, when he tripped...

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