HARDSOG v. PRICE CHOPPER OPERATING CO., INC.

513252.

99 A.D.3d 1130 (2012)

952 N.Y.S.2d 802

2012 NY Slip Op 7166

RICHARD J. HARDSOG, Appellant, v. PRICE CHOPPER OPERATING COMPANY, INC., et al., Respondents.

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

October 25, 2012.


McCarthy, J.

As plaintiff was leaving defendants' grocery store, he tripped and fell, resulting in injuries including a fractured hip. Plaintiff, a double amputee who walked with prosthetic legs and two canes, commenced this action and alleged that he tripped because his prosthetic foot got caught in a depression caused by chipped floor tiles. Following discovery, defendants moved for summary judgment dismissing the complaint. Plaintiff cross-moved for leave to conduct...

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