WALTERS v. COSTCO WHOLESALE CORPORATION


51 A.D.3d 785 (2008)

858 N.Y.S.2d 269

DELLORY WALTERS et al., Respondents, v. COSTCO WHOLESALE CORPORATION, Appellant, et al., Defendant.

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

Decided May 13, 2008.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Dellory Walters (hereinafter the plaintiff) allegedly was injured when she slipped and fell on a patch of "black ice" near the handicapped parking area of the parking lot located on the appellant's premises. The plaintiff fell at approximately 10:00 A.M. when the store was opening. She testified at her deposition that she did not see the ice before she fell. Upon entering the appellant...

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