DEMUTH v. BEST BUY STORES, L.P.

2010-06308.

85 A.D.3d 713 (2011)

924 N.Y.S.2d 826

2011 NY Slip Op 5014

COLLEEN DEMUTH, Respondent, v. BEST BUY STORES, L.P., Appellant, et al., Defendants. (And a Third-Party Action.)

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

Decided June 7, 2011.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly was injured when she tripped and fell over a cluster of concrete protruding from the ground in an area adjacent to a store owned by the defendant Best Buy Stores, L.P. (hereinafter Best Buy). The plaintiff commenced this action against, among others, Best Buy, and Best Buy moved for summary judgment dismissing the complaint insofar as asserted against it, contending that...

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