EDDY v. TOPS FRIENDLY MKTS.


91 A.D.2d 1203 (1983)

Elmer Eddy et al., Respondents, v. Tops Friendly Markets et al., Appellants

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

January 31, 1983


Order unanimously reversed, without costs, defendant's motion granted and complaint dismissed.

Memorandum:

Plaintiff, Elizabeth Eddy, sustained personal injuries when she allegedly slipped on a roll-on deodorant bottle in the aisle of defendant's supermarket. Plaintiffs' complaint alleged that defendant had either actual or constructive notice that the bottle was in the aisle. After plaintiffs filed a note of issue and a statement of readiness declaring that...

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