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Gottlieb v. Waldbaum's Supermarket, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1996
226 A.D.2d 344 (N.Y. App. Div. 1996)

Opinion

April 1, 1996

Appeal from the Supreme Court, Richmond County (Amann, J.).


Ordered that the order is affirmed, with costs.

The plaintiff contends that her testimony as to comments made by the store manager shortly after an accident raised triable issues of fact as to whether the defendant had notice of the hazardous condition which allegedly caused her to fall. The plaintiff failed to adduce evidence in admissible form as to whether the store manager had the authority to make the comments in question so as to bind his principal ( see, Loschiavo v. Port Auth., 86 A.D.2d 624). We have considered the plaintiff's remaining contentions and find them to be without merit. Mangano, P.J., Thompson, Florio and McGinity, JJ., concur.


Summaries of

Gottlieb v. Waldbaum's Supermarket, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1996
226 A.D.2d 344 (N.Y. App. Div. 1996)
Case details for

Gottlieb v. Waldbaum's Supermarket, Inc.

Case Details

Full title:LILY GOTTLIEB, Appellant, v. WALDBAUM'S SUPERMARKET, INC., Respondent

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

Date published: Apr 1, 1996

Citations

226 A.D.2d 344 (N.Y. App. Div. 1996)
640 N.Y.S.2d 763

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