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MOSS v. WESTSIDE SUPERMARKET LLC

Index No. 153132/18. Appeal No. 14331. Case No. 2020-03717.

198 A.D.3d 461 (2021)

152 N.Y.S.3d 577

2021 NY Slip Op 05462

Susan Moss et al., Respondents, v. Westside Supermarket LLC, Doing Business as Westside Market NYC, Appellant.

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

Decided October 12, 2021.

Attorney(s) appearing for the Case

Weiser & McCarthy, New York ( Bari R. Shinbaum of counsel), for appellant.

Harris J. Zakarin, P.C., Melville ( Harris J. Zakarin of counsel), for respondents.

Concur—Renwick, J.P., Kern, Oing, Mendez, Rodriguez, JJ.

Defendants failed to establish prima facie that the leg of the display case that allegedly caught plaintiff's foot, causing her to fall, was an open and obvious condition that was readily observable (see Legon v Petaks, 70 A.D.3d 457 [1st Dept 2010], appeal withdrawn 14 N.Y.3d 884 [2010]). Indeed, plaintiff testified that in the approximately 25 times that she had patronized the supermarket...

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