AMBERSLEY v. ATHLETA LLC

8240. 303933/12.

168 A.D.3d 609 (2019)

90 N.Y.S.3d 894

2019 NY Slip Op 00569

Jacqueline Ambersley, Appellant, v. Athleta LLC et al., Respondents.

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

Decided January 29, 2019.


Defendants established entitlement to judgment as a matter of law in this action where plaintiff was injured when she walked into a transparent glass door while exiting defendant Athleta's retail store. Defendants submitted evidence showing that the glare of the sun was the cause of plaintiff's accident. Notably, plaintiff testified that as she was leaving the store, the sun was in her face, and that she took two steps and confronted a door that she did not expect (see...

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