MARCUS v. NAMDOR, INC.


46 A.D.3d 373 (2007)

846 N.Y.S.2d 912

SHIRLEY MARCUS, Appellant, v. NAMDOR, INC., et al., Respondents. (And a Third-Party Action.)

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

Decided December 18, 2007.


The 80-year-old plaintiff fell while exiting a Gristede's supermarket on a February evening in 2003. She testified at her deposition that she "took a step and there was a slope and I lost my balance and went down, fell," and that she had lost her balance due to the "uneven pavement" and the "incline of the slope." The court properly found, upon consideration of all the evidence, defendants had sufficiently established that the condition cited by plaintiff as the cause of...

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