PIPITONE v. 7-ELEVEN, INC.

2009-01514

67 A.D.3d 879 (2009)

889 N.Y.S.2d 234

2009 NY Slip Op 08597

DIEGO PIPITONE et al., Respondents, v. 7-ELEVEN, INC., Appellant, et al., Defendants.

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

Decided November 17, 2009.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the appellant's motion which was for summary judgment dismissing the complaint insofar as asserted against it is granted.

The plaintiff Diego Pipitone allegedly tripped and fell over a concrete wheel stop in the parking lot of a 7-Eleven convenience store. Pipitone had previously visited the store approximately three to four times per week. Pipitone and his wife...

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