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ROCHELLE NEIDERBACH v. 7-ELEVEN, INC.

56 A.D.3d 632 (2008)

868 N.Y.S.2d 91

ROCHELLE NEIDERBACH, Respondent, v. 7-ELEVEN, INC., et al., Appellants.

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

November 18, 2008.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

The plaintiff allegedly tripped and fell over a blue plastic crate on the floor of an aisle in the defendants' store. The crate was about 15 inches high and 12 inches wide, and the aisle was uncluttered. The defendants moved for summary judgment dismissing the complaint contending, inter alia, that the crate which allegedly...

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