GOGU v. GAP, INC.

161370/17.

180 A.D.3d 439 (2020)

118 N.Y.S.3d 587

2020 NY Slip Op 00916

Stere Gogu, Respondent, v. Gap, Inc., et al., Defendants, and Amdar Company, LLC, et al., Appellants.

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

Decided February 6, 2020.


Plaintiff was injured when he tripped and fell on the sidewalk abutting premises owned and managed by Amdar, as he attempted to avoid an oncoming vehicle, driven by codefendant Dimitrov, which mounted the sidewalk. Plaintiff testified that he was hit by the vehicle after he fell, and that he would have been able to avoid Dimitrov's vehicle had he not tripped and fallen on the defect in the sidewalk.

Plaintiff's account as to how he tripped and fell was not inherently...

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