TURSO-DRASCHE v. BANANA REPUBLIC, LLC

9267, 151169/16.

172 A.D.3d 485 (2019)

97 N.Y.S.3d 853

2019 NY Slip Op 03675

Patricia Turso-Drasche, Appellant, v. Banana Republic, LLC, et al., Respondents.

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

Decided May 9, 2019.


Defendants established their prima facie entitlement to judgment as a matter of law, in this action where plaintiff was injured in defendants' store, when she tripped over the foot of a sales associate, who had been talking to another employee and then turned around. Plaintiff testified that she saw the employee with his back turned towards her and that she had a path to walk around him. Defendants sufficiently established that it was unforeseeable that plaintiff would trip...

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