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DAPOLITO v. STOP & SHOP SUPERMARKET

2011-04675.

90 A.D.3d 693 (2011)

934 N.Y.S.2d 337

2011 NY Slip Op 9083

MYRSA DAPOLITO et al., Respondents, v. STOP & SHOP SUPERMARKET, Appellant.

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

Decided December 13, 2011.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

The injured plaintiff allegedly tripped and fell over an empty display platform in between the ends of two aisles at the defendant's supermarket. The platform was about four inches tall, four feet wide, and four to five feet deep. The defendant moved for summary judgment dismissing...

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