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CHECO v. EXPRESS, LLC

10252, 21812/17E.

176 A.D.3d 646 (2019)

109 N.Y.S.3d 648

2019 NY Slip Op 07857

Amparo Checo, Respondent, v. Express, LLC, Appellant.

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

Decided October 31, 2019.

Attorney(s) appearing for the Case

Perez & Morris LLC, New City ( Michael J. Glidden of counsel), for appellant.

Melcer Newman PLLC, New York ( Jeffrey B. Melcer of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Kern, Singh, JJ.

Plaintiff has sufficiently raised a factual issue based on her deposition testimony that the stool collapsed when she attempted to sit on it, and any inconsistencies in her testimony in this regard raise credibility issues for a jury to determine (see Narvaez v 2914 Third Ave. Bronx, LLC, 88 A.D.3d 500, 501 [1st Dept 2011]).

We have considered defendant's remaining contentions and find them...

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