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NYAMBUU v. WHOLE FOODS MKT. GROUP, INC.

Index No. 150197/15. Appeal No. 12366. Case No. 2020-00737.

191 A.D.3d 580 (2021)

143 N.Y.S.3d 14

2021 NY Slip Op 01145

Zoljargal Nyambuu, Respondent-Appellant, v. Whole Foods Market Group, Inc., Appellant-Respondent, and Colite International, Ltd., et al., Respondents.

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

Decided February 23, 2021.

Attorney(s) appearing for the Case

Fishman McIntyre Berkeley Levine Samansky PC, New York ( Scott A. Grossman of counsel), for appellant-respondent.

Rappaport, Glass, Levine & Zullo, LLP, Islandia ( Charles J. Rappaport of counsel), for respondent-appellant.

Law Office of James J. Toomey, New York ( Jason Meneses of counsel), for Colite International, Ltd., respondent.

Law Office of Brian Rayhill, Elmsford ( Renaud T. Bleecker of counsel), for North Shore Neon Sign Co., Inc., respondent.

Concur—Kapnick, J.P., Mazzarelli, Moulton, Mendez, JJ.

Plaintiff alleges that she was injured on February 13, 2014, when part of a letter in a Whole Foods Market exterior sign broke, fell, and struck her on the head as she was exiting the Whole Foods store in Union Square while a snowstorm was in progress. The sign was approximately 12 to 15 feet above the exit used by plaintiff. The portion that allegedly hit plaintiff was observed by her in the snow on the sidewalk after impact.

It is undisputed that defendant Whole...

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