Pinero v. Rite Aid of New York, Inc.

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs. The Appellate Division properly determined that plaintiffs accident was not within the reasonably foreseeable risks of the defendant’s alleged negligence (see, Di Ponzio v Riordan, 89 NY2d 578, 583-584).

Concur: Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo.