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SORRENTINI v. NETTA REALTY GROUP

8569, 301784/09.

100 A.D.3d 484 (2012)

954 N.Y.S.2d 43

VILMA SORRENTINI, Appellant, v. NETTA REALTY GROUP et al., Respondents.

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

November 13, 2012.

Photographs and testimony from the parties raised factual issues whether plaintiff could have seen the cash register lying on the floor in time to avoid it as she entered the deli (see generally Westbrook v WR Activities-Cabrera Mkts., 5 A.D.3d 69 [1st Dept 2004]).

It was not unreasonable for plaintiff to claim she was looking straight into the store at the moment she opened the door to enter the deli. One photograph showed...

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