NEWMAN v. GREAT ATL. & PAC. TEA CO.


100 A.D.2d 538 (1984)

Joan Newman, Appellant, v. Great Atlantic & Pacific Tea Company, Defendant and Third-Party Plaintiff-Respondent. Five Towns Refrigeration Co., Inc., Third-Party Defendant-Respondent

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

March 12, 1984


¶ Judgment reversed, on the law and in the interest of justice, and new trial granted as to all parties and causes, with costs to abide the event.

¶ In this "slip and fall" case, the question is whether the evidence presented, when viewed in a light most favorable to the plaintiff, was sufficient to raise a question of fact for the jury on the issue of defendant's constructive notice of the defective condition (Torregrossa v Bohack Corp., ...

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