GRECO v. ACME SUPER MKTS., INC.


17 A.D.2d 899 (1962)

Eileen Greco et al., Appellants, v. Acme Super Markets, Inc., Respondent

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

October 18, 1962


Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event.

Memorandum:

Plaintiff wife, a customer in defendant's retail grocery store, was injured when she slipped and fell as the result of stepping in melted ice cream on the floor near the checkout counters. There was no proof of direct notice to defendant of the existing condition but one of plaintiffs' witnesses testified that she was nearby...

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