DiSCALO v. MANNIX FAMILY MKT. & FOREST & RICHMOND AVE, LLC

2020-05959, Index No. 150645/19.

206 A.D.3d 693 (2022)

167 N.Y.S.3d 836

2022 NY Slip Op 03708

Elizabeth A. DiScalo, Respondent, v. Mannix Family Market & Forest and Richmond Ave, LLC, Appellant.

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

Decided June 8, 2022.


Attorney(s) appearing for the Case

Torino & Bernstein, P.C., Mineola, NY ( Ellie S. Konstantatos of counsel), for appellant.

Chelli & Bush (Arnold E. DiJoseph, P.C., New York, NY, of counsel), for respondent.

Dillon, J.P., Roman, Maltese and Dowling, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

The plaintiff commenced this action to recover damages for personal injuries after she slipped and fell on a flattened cardboard box that was lying on the floor in an aisle of the defendant's grocery store. At her deposition, the plaintiff testified that she saw the cardboard box...

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