TAUSSIG v. LUXURY CARS OF SMITHTOWN, INC.


31 A.D.3d 533 (2006)

818 N.Y.S.2d 593

JANE M. TAUSSIG et al., Appellants, v. LUXURY CARS OF SMITHTOWN, INC., Doing Business as LEXUS OF SMITHTOWN, et al., Respondents.

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

July 11, 2006.


Ordered that the order is affirmed, with costs.

On August 22, 2003, at around 1:00 or 2:00 P.M., the injured plaintiff (hereinafter the plaintiff) allegedly tripped and fell on a rubber strip that separates the inside tile floor of the service drop-off area from the outside cement apron at the defendants' automobile dealership. At her deposition, the plaintiff testified that, as she was walking to her car, on a "beautiful" day, she was looking straight ahead into...

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