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MILAZZO v. BEST MKT.

2019-12233, 2020-03746. Index No. 605492/17.

207 A.D.3d 535 (2022)

169 N.Y.S.3d 808

2022 NY Slip Op 04543

Christine Milazzo, Appellant, v. Best Market et al., Respondents, et al., Defendants.

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

Decided July 13, 2022.

Attorney(s) appearing for the Case

Dell & Dean, PLLC ( Joseph G. Dell and Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Christen Giannaros ], of counsel), for appellant.

Iaconis Fusco, LLP, Malverne, NY ( Joseph P. Fusco of counsel), for respondents.

Brathwaite Nelson, J.P., Rivera, Chambers and Dowling, JJ., concur.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

On December 15, 2016, the plaintiff allegedly was injured when she slipped and fell on a blueberry at a grocery store operated by the defendants Best Market and Best Yet Market of Hyde Park, Inc. (hereinafter together the Best Market defendants). Surveillance footage of the accident, including approximately 2 minutes and 45 seconds of footage prior to the plaintiff's fall, was recorded...

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