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Galarza v. Walgreen Eastern Company, Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 18, 1997
236 A.D.2d 265 (N.Y. App. Div. 1997)

Summary

affirming denial of summary judgment where "the 'whole' aisle in which [plaintiff] fell was covered with, among other things, wet and dry green liquid and foot marks indicating that the liquid had been 'stepped on'"

Summary of this case from Rodriguez v. Wal-Mart Stores E., LP

Opinion

February 18, 1997.

Order, Supreme Court, New York County (Carol Huff, J.), entered November 1, 1995, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Before: Wallach, J.P., Rubin, Mazzarelli and Andrias, JJ.


We reject defendant supermarket's contention that there is no evidence from which a jury could infer that it had constructive notice of the dangerous condition that allegedly caused plaintiffs fall, where plaintiffs bill of particulars, deposition testimony and opposing affidavit alleged the "whole" aisle in which she fell was covered with, among other things, wet and dry green liquid and foot marks indicating that the liquid had been "stepped on" ( see, Negri v Stop Shop, 65 NY2d 625; Salaam v City of New York, 226 AD2d 173; cf., Gordon v American Museum of Natural History, 67 NY2d 836, 838).


Summaries of

Galarza v. Walgreen Eastern Company, Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 18, 1997
236 A.D.2d 265 (N.Y. App. Div. 1997)

affirming denial of summary judgment where "the 'whole' aisle in which [plaintiff] fell was covered with, among other things, wet and dry green liquid and foot marks indicating that the liquid had been 'stepped on'"

Summary of this case from Rodriguez v. Wal-Mart Stores E., LP
Case details for

Galarza v. Walgreen Eastern Company, Inc.

Case Details

Full title:LYDIA GALARZA, Respondent, v. WALGREEN EASTERN COMPANY, INC., Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 18, 1997

Citations

236 A.D.2d 265 (N.Y. App. Div. 1997)
653 N.Y.S.2d 577

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