FELGENHAUER v. ATL. & PAC. TEA CO.


94 A.D.2d 737 (1983)

Carl Felgenhauer, Jr., Appellant, v. Atlantic and Pacific Tea Company, Respondent

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

May 16, 1983


Judgment affirmed, with costs.

The plaintiff claimed that he slipped and fell on a foreign substance on the floor of the defendant's premises. On this appeal he asserts that the jury's finding in favor of the defendant was against the weight of the evidence. We disagree. There was unsatisfactory proof as to the exact nature of the foreign substance, of the defendant's knowledge, whether actual or constructive, of the existence of a dangerous condition, and of the...

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