COHEN v. BANK OF AMERICA


30 A.D.3d 169 (2006)

815 N.Y.S.2d 459

ROSALIND COHEN, Respondent, v. BANK OF AMERICA, Appellant.

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

June 1, 2006.


Although plaintiff claimed that her trip and fall was attributable to a carpet defect, she has abandoned that theory of liability and now contends that her accident was solely attributable to her heeding the "instruction" of one of defendant's employees to "hurry." The employee, however, breached no legally cognizable duty by suggesting, or even urging, that plaintiff hurry. In any event, no triable issue has been raised as to whether haste was the cause of plaintiff...

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