Defendant failed to establish entitlement to judgment as a matter of law in this action for personal injuries sustained when plaintiff tripped on the leg of a clothing rack in defendant's store. The deposition testimony of plaintiff and her husband conflicts with that of defendant's sales associate as to how the accident happened and such conflicting testimony precludes granting defendant's motion (see Nyala C. v Miniventures Child Care Dev. Ctr., Inc.,
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STADLER v. LORD & TAYLOR LLC
7340. 160479/15.
165 A.D.3d 500 (2018)
86 N.Y.S.3d 30
2018 NY Slip Op 06861
Sydelle Stadler, Respondent, v. Lord & Taylor LLC, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided October 16, 2018.
Decided October 16, 2018.
Appellate Division of the Supreme Court of New York, First Department.
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