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GALIT SCHLOSS, Respondent, v. STEW LEONARD'S YONKERS, LLC, Appellant.

The record raises a triable factual issue as to whether an employee of defendant created the alleged hazard by either placing a "U-boat" dolly behind plaintiff or leaving it unattended in a shopping aisle of defendant's store. In this connection we note the deposition testimony of the store's security supervisor in which he stated that the "U-boat" dollies were used to transport products from the store's warehouse to the retail area for shelving and were not for customer use ( see Burgos v. Aqueduct Realty Corp., 92 NY2d 544, 550; Healy v. ARP Cable, 299 AD2d 152, 154).

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SCHLOSS v. STEW LEONARD'S YONKERS, LLC
(Dec 13, 2005)