Third-party plaintiff's store manager testified at deposition that she witnessed plaintiff's fall in the store, sat with plaintiff for 30 minutes while plaintiff recovered, and was told by plaintiff an hour later that plaintiff was going to seek medical treatment. Such testimony suffices to show, as a matter of law, the possibility of a claim and the unreasonableness of third-party plaintiff's alleged good-faith belief to the contrary (see Great Canal Realty Corp. v Seneca...
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