NATOLI v. TRADER JOE'S E. INC.

160645/18. Appeal No. 14493. Case No. 2020-04998.

198 A.D.3d 572 (2021)

152 N.Y.S.3d 906

2021 NY Slip Op 05821

Nicholas Natoli, Appellant, v. Trader Joe's East Inc., Doing Business as Trader's Joe's, et al., Respondents.

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

Decided October 26, 2021.


Attorney(s) appearing for the Case

Law Offices of Kevin T. Grennan, PLLC, Garden City ( Kevin T. Grennan of counsel), for appellant.

Conway, Farrell, Curtin & Kelly, P.C., New York ( Anne Marie Esposito of counsel), for respondents.

Concur— Gische, J.P., Webber, Mazzarelli, Shulman, Pitt, JJ.


Plaintiff Nicholas Natoli alleged that on October 5, 2018, at about 8:15 p.m., as he entered the Trader Joe's supermarket located at 675 6th Avenue, he sustained physical injuries when a shopping cart hit him causing him to fall to the ground. On summary judgment, plaintiff met his prima facie burden by submitting evidence, including a witness statement indicating that defendant Jovani, an employee of defendant Trader Joe's, pushed a row of carts forward causing plaintiff...

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