WOLODKOWICZ v. SEEWELL CORP.


61 A.D.3d 676 (2009)

876 N.Y.S.2d 487

JANINA WOLODKOWICZ, Appellant, v. SEEWELL CORP., Respondent.

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

Decided April 7, 2009.


Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.

The plaintiff allegedly sustained injuries when she hit her head against an exterior glass wall of a Dunkin Donuts store leased by the defendant Seewell Corp. She claimed that there was no artificial lighting outside the store at the time of her accident, and that the glass wall appeared to be an open space.

At trial, over the plaintiff's objection...

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