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BRANCACCIO v. KOHL'S DEPARTMENT STORES, INC.

2009-04605.

67 A.D.3d 618 (2009)

886 N.Y.S.2d 917

2009 NY Slip Op 07968

ROSEMARIE BRANCACCIO, Respondent, v. KOHL'S DEPARTMENT STORES, INC., Appellant.

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

Decided November 4, 2009.

Ordered that the order is affirmed, with costs.

The defendant failed to establish its entitlement to judgment as a matter of law on the issues of whether there was a defect in the speed bump over which the plaintiff tripped and fell, and, if so, whether the alleged defect was trivial and therefore not actionable (see Berry v Rocking Horse Ranch Corp., 56 A.D.3d 711 [2008]; Cuebas v Buffalo Motor Lodge/Best Value Inn,<...

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