OVALLES-SOSA v. KHOUDARI

21655/20E. Appeal No. 474. Case No. 2022-05616.

217 A.D.3d 530 (2023)

191 N.Y.S.3d 48

2023 NY Slip Op 03289

Ines Ovalles-Sosa, Respondent, v. Amy Khoudari et al., Defendants, and Lot Less NYC, Inc., et al., Appellants.

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

Decided June 15, 2023.


Attorney(s) appearing for the Case

Clausen Miller P.C., New York ( Yesy Sanchez of counsel), and Clausen Miller P.C., Chicago, IL ( Don R. Sampen of the bar of the State of Illinois, admitted pro hac vice, of counsel), for appellants.

Law Offices of John P. Grill, PC, Carmel ( John P. Grill of counsel), for respondent.

Concur—Renwick, A.P.J., Kennedy, Mendez, Rodriguez, Higgitt, JJ.


Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered on or about August 29, 2022, which denied defendants Lot Less NYC, Inc., Lot Less Closeouts, Inc. and 5545 Riverdale, Inc.'s (collectively, Lot Less) motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff alleges that she sustained injury when a box containing a vanity mirror fell on her head from an eight-foot-high shelf in Lot Less's store. She alleges that...

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