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Berner v. 2061 A Bartow Food Corp.

Appellate Division of the Supreme Court of New York, First Department
Jan 9, 2001
279 A.D.2d 275 (N.Y. App. Div. 2001)

Opinion

January 9, 2001.

Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered July 10, 2000, which denied defendant's motion for summary judgment, unanimously affirmed, without costs.

Before: Sullivan, P.J., Williams, Tom, Saxe, Friedman, JJ.

Linda Goldman, for plaintiff-respondent.

Sim R. Shapiro, for defendant-appellant.


Although defendant maintains that the complaint should be dismissed because it had no notice of the slippery condition on its premises which allegedly caused plaintiff to lose her footing and sustain injury, the record contains evidence sufficient to permit a fact-finder to infer that the slippery condition was created by one of defendant's employees as he sprayed vegetables, and actual notice will be presumed where the defendant created the hazardous condition (see, Panagakos v. Greek Archdiocese of N. S. Am., 213 A.D.2d 336). We have considered defendant's remaining arguments and find them unavailing.


Summaries of

Berner v. 2061 A Bartow Food Corp.

Appellate Division of the Supreme Court of New York, First Department
Jan 9, 2001
279 A.D.2d 275 (N.Y. App. Div. 2001)
Case details for

Berner v. 2061 A Bartow Food Corp.

Case Details

Full title:ANN BERNER, PLAINTIFF-RESPONDENT, v. 2061 A BARTOW FOOD CORP., ETC.…

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

Date published: Jan 9, 2001

Citations

279 A.D.2d 275 (N.Y. App. Div. 2001)
718 N.Y.S.2d 820

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