DENKER v. CENTURY 21 DEPT. STORES, LLC


55 A.D.3d 527 (2008)

866 N.Y.S.2d 681

JEROME DENKER et al., Respondents, v. CENTURY 21 DEPARTMENT STORES, LLC, Appellant.

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

October 7, 2008.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

While walking together along 87th Street in the Bay Ridge section of Brooklyn, both plaintiffs allegedly tripped and fell on a loose and curled edge of a carpet mat on a stretch of sidewalk directly in front of an entrance to the defendant's store. After the plaintiffs commenced the present action, the defendant moved for...

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