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KHAMIS v. CG FOODS, INC.

49 A.D.3d 606 (2008)

856 N.Y.S.2d 132

AMIRA KHAMIS et al., Appellants, v. CG FOODS, INC., Respondent.

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

Decided March 11, 2008.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.

The infant plaintiff allegedly sustained personal injuries when she fell through an open cellar door, in the sidewalk, leading to the basement of the store owned by the defendant. The doors allegedly were flat on the ground, in the open position, without any safety or cautionary devices such...

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