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SYDNOR v. HOME DEPOT U.S.A., INC.

2008-10109.

74 A.D.3d 1185 (2010)

906 N.Y.S.2d 279

JOHNNIE SYDNOR et al., Appellants-Respondents, v. HOME DEPOT U.S.A., INC., Respondent-Appellant, et al., Defendants.

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

Decided June 22, 2010.

Ordered that the interlocutory judgment is affirmed, without costs or disbursements.

On June 5, 2005, the defendant Home Depot U.S.A., Inc. (hereinafter Home Depot), was displaying barbecue grills for sale in the parking lot of its store in Freeport. The parking lot was separated from the entrance to the store by two lanes of traffic, a fire lane, and a sidewalk. The plaintiffs Johnnie Sydnor and Charles Cafiso were standing in the parking lot at about 1:00 P.M.,...

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