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Thatcher v. Waldbaums, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1995
221 A.D.2d 519 (N.Y. App. Div. 1995)

Opinion

November 20, 1995

Appeal from the Supreme Court, Suffolk County (Doyle, J.).


Ordered that the order is affirmed, with costs.

The plaintiff failed to raise a triable issue of fact as to whether the defendant created, or had actual or constructive notice of, the condition which caused the plaintiff's fall. Accordingly, summary judgment was properly granted to the defendant (see, Gordon v American Museum of Natural History, 67 N.Y.2d 836; Bashaw v Rite-Aid of N.Y., 207 A.D.2d 632; Kane v Human Servs. Ctr., 186 A.D.2d 539; Benware v Big V Supermarkets, 177 A.D.2d 846). Mangano, P.J., Miller, Santucci and Hart, JJ., concur.


Summaries of

Thatcher v. Waldbaums, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1995
221 A.D.2d 519 (N.Y. App. Div. 1995)
Case details for

Thatcher v. Waldbaums, Inc.

Case Details

Full title:EMILY THATCHER, Appellant, v. WALDBAUMS, INC., Respondent

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

Date published: Nov 20, 1995

Citations

221 A.D.2d 519 (N.Y. App. Div. 1995)
634 N.Y.S.2d 401

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