MIANO v. RITE AID HDQTRS. CORP.

2017-01624 Index No. 5055/15.

160 A.D.3d 713 (2018)

71 N.Y.S.3d 365

2018 NY Slip Op 02453

Michael A. Miano, Appellant, v. Rite Aid Hdqtrs. Corp. et al., Respondents.

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

Decided April 11, 2018.


Ordered that the order is affirmed, with costs.

The plaintiff commenced this action seeking to recover damages for injuries he alleges he sustained when he tripped and fell as he was walking on a landscaped area on the defendants' property. The plaintiff testified at his deposition that on the date at issue, he had parked his vehicle in the defendants' parking lot and then stepped up over a curb and walked through a landscaped area of the grounds adjacent to the parking...

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