BERNSTEIN v. RED APPLE SUPERMARKETS


227 A.D.2d 264 (1996)

642 N.Y.S.2d 303

Ethel Bernstein et al., Appellants, v. Red Apple Supermarkets, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 21, 1996


Plaintiff Ethel Bernstein suffered serious personal injuries, including a torn left rotator cuff, when she tripped and fell in a supermarket after the heel of her shoe became entangled in a torn rubber mat. The case was submitted to the jury on two distinct theories of liability: first, common law negligence and premises liability, including actual or constructive notice; and second, a negligent maintenance theory in accordance...

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