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FIORENTINO v. UNCLE GIUSEPPE'S OF PORT WASH., INC.

2021-01779. Index No. 613608/18.

208 A.D.3d 757 (2022)

172 N.Y.S.3d 623

2022 NY Slip Op 05023

Jasun Fiorentino et al., Respondents, v. Uncle Giuseppe's of Port Washington, Inc., Appellant.

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

Decided August 24, 2022.

Attorney(s) appearing for the Case

Martyn, Martyn, Smith, Murray and Yong, Mineola, NY ( David W. Allen and David Smith of counsel), for appellant.

Wooster & Wooster LLP, Garden City, NY ( Scott Wooster of counsel), for respondents.

Dillon, J.P., Maltese, Wooten and Genovesi, JJ., concur.

Ordered that the order is affirmed, with costs.

On May 23, 2018, the plaintiff Jasun Fiorentino (hereinafter the injured plaintiff) was shopping in the defendant's store in Port Washington. While the injured plaintiff was in the process of checking out, he reached down to grab an item from the lower shelf of a metal rack located at the beginning of the check-out counter. As he attempted to extend his reach, his right leg came into contact with a store cashier walking...

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