GERNER v. SHOP-RITE OF UNIONDALE, INC.

2015-08447, Index No. 11527/13.

148 A.D.3d 1122 (2017)

2017 NY Slip Op 02407

50 N.Y.S.3d 459

JOAN GERNER, Respondent, v. SHOP-RITE OF UNIONDALE, INC., et al., Appellants.

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

Decided March 29, 2017.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

The plaintiff was leaving the indoor café area of the defendants' supermarket when she allegedly tripped over the base, or foot, of a decorative fence. A planter had been placed between two of these fences to form part of a barrier separating the café area from the main aisle of the store...

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