JAMES v. 1620 WESTCHESTER AVE.

Nos. 17396/06, 8710A.

105 A.D.3d 1 (2013)

962 N.Y.S.2d 4

DENISE JAMES, Respondent, v. 1620 WESTCHESTER AVENUE, LLC, et al., Appellants.

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

February 7, 2013.


Attorney(s) appearing for the Case

Ford Marrin Esposito Witmeyer & Gleser, L.L.P., New York City ( Joseph D'Ambrosio and Andrew I. Mandelbaum of counsel), for appellants.

Alexander J. Wulwick , New York City, for respondent.

GONZALEZ, P.J., SWEENY, ROMÁN and CLARK, JJ., concur.


OPINION OF THE COURT

RICHTER, J.

On or about September 18, 2005, plaintiff was walking home from the grocery store, pushing her shopping cart along the sidewalk on Morrison Avenue in the Bronx. As plaintiff walked, one of the wheels of the cart went into a hole in the sidewalk, causing the cart to flip over. Plaintiff fell to the ground and the cart fell on top of her. Plaintiff alleges that as a result of the accident she sustained a debilitating injury...

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