Denmark v. Wal-Mart Stores, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Cardona, P. J.
Appeal from an order of the Supreme Court (Relihan, Jr., J.), entered August 26, 1998 in Tompkins County, which denied defendants’ motion for summary judgment dismissing the complaint.
In March 1995, plaintiff Josephine Denmark (hereinafter plaintiff) was injured when she tripped and fell on a sidewalk in front of a Wal-Mart department store located in the Town of Big Flats, Chemung County. Thereafter, plaintiff and her husband commenced this action alleging that plaintiff’s fall was due to the presence of a “raised sidewalk, block, crack *777and/or depression” a short distance from…
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