Ordered that the order is affirmed insofar as appealed from, with costs.
The injured plaintiff tripped and fell over the prongs of a forklift which were allegedly raised four inches off the ground. The forklift was parked in a marked stall in the parking lot of the defendant's store. The evidence disclosed that the forklift was in plain view, and that the injured plaintiff saw it and moved away to avoid it. On these facts, the Supreme Court correctly concluded, as...
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