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BLACK v. KOHL'S DEPARTMENT STORES, INC.

509775.

80 A.D.3d 958 (2011)

914 N.Y.S.2d 469

MARY BLACK, Appellant, v. KOHL'S DEPARTMENT STORES, INC., Respondent.

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

Decided January 13, 2011.

McCARTHY, J.

Plaintiff commenced this personal injury action after tripping and falling in defendant's store. Plaintiff claimed that she caught her foot on a purse that was lying on an aisle floor. Following joinder of issue, defendant moved for summary judgment dismissing the complaint. Supreme Court granted the motion, prompting this appeal.

When considering a motion for summary judgment, courts must view the evidence...

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