TULLY v. ANDERSON'S FROZEN CUSTARD, INC.

1138 CA 10-00064.

77 A.D.3d 1474 (2010)

908 N.Y.S.2d 517

PATRICIA TULLY, Appellant, v. ANDERSON'S FROZEN CUSTARD, INC., Respondent. (Appeal No. 2.)

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

Decided October 8, 2010.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, defendant's motion is denied and the complaint is reinstated.

Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained when she allegedly tripped and fell in a parking lot owned by defendant. According to plaintiff, after she had purchased ice cream at defendant's business and was returning to her vehicle, she stepped into "a depression...

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