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Rafael-Sharaf v. Waldbaum's, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 328 (N.Y. App. Div. 1997)

Opinion

April 7, 1997


In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Lally, J.), dated March 14, 1996, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Viewing the evidence in the light most favorable to the plaintiffs ( see, Negri v. Stop Shop, 65 N.Y.2d 625), we find that the plaintiffs have submitted evidence sufficient to raise an issue of fact as to whether the defendant had constructive notice of the debris in the produce department and was negligent in failing to clean the area in the alleged one-hour period during which the debris was on the floor ( see, Huth v. Allied Maintenance Corp., 143 A.D.2d 634). Bracken, J.P., O'Brien, Santucci, Friedmann and Goldstein, JJ., concur.


Summaries of

Rafael-Sharaf v. Waldbaum's, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 328 (N.Y. App. Div. 1997)
Case details for

Rafael-Sharaf v. Waldbaum's, Inc.

Case Details

Full title:SHAHLA RAFAEL-SHARAF et al., Respondents, v. WALDBAUM'S, INC., Appellant

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

Date published: Apr 7, 1997

Citations

238 A.D.2d 328 (N.Y. App. Div. 1997)
656 N.Y.S.2d 921

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