
    [783 NE2d 895, 753 NYS2d 805]
    Caj H. Pinero, Appellant, v Rite Aid of New York, Inc., Respondent.
    Decided December 12, 2002
    
      APPEARANCES OF COUNSEL
    
      Robert J. Tolchin, New York City, for appellant.
    
      Friedberg & Raven, LLP, New York City (Scott Gurtman of counsel), for respondent.
    
      Michaels & Smolak, P.C., Auburn (Michael G. Bersani of counsel), for New York State Trial Lawyers Association, amicus curiae.
   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.  