HOLLY v. 7-ELEVEN, INC.


40 A.D.3d 1033 (2007)

834 N.Y.S.2d 870

GERRY HOLLY, Respondent, v. 7-ELEVEN, INC., et al., Appellants.

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

Decided May 29, 2007.


Ordered that the order is affirmed, with costs.

The plaintiff was walking through the entrance of a 7-Eleven store operated by the defendant Donna M. Segreto pursuant to a franchise agreement with the defendant 7-Eleven, Inc., when he allegedly tripped and fell over a bundle of logs which was being used to prop open one of the entrance doors to the store. The plaintiff alleged that the metal frame of the southernmost door obscured the bundle of logs from his view...

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