KING v. CITY BAY PLAZA, LLC

12712, 308608/09.

118 A.D.3d 476 (2014)

987 N.Y.S.2d 382

2014 NY Slip Op 4132

BRITTNEY KING, Respondent, v. CITY BAY PLAZA, LLC, Respondent-Appellant, and TOYS "R" US-NY LIMITED PARTNERSHIP et al., Appellants-Respondents.

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

Decided June 10, 2014.


In this action for personal injuries allegedly suffered by plaintiff when she tripped and fell on an uneven condition between two concrete slabs in the sidewalk as she was exiting the Toys R Us store located in the City Bay Plaza Shopping Center, the motion court properly denied the motions made by defendants, the landlord and commercial tenant, insofar as they sought dismissal of the complaint based on the purported trivial nature of the defect. The photographs submitted...

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