FASOLINO v. CHARMING STORES, INC.


77 N.Y.2d 847 (1991)

Martha Fasolino et al., Respondents, v. Charming Stores, Inc., Doing Business as Fashion Bug, Appellant.

Court of Appeals of the State of New York.

Decided February 7, 1991.


Attorney(s) appearing for the Case

Eugene M. Fahey and Richard L. Woll for appellant.

Philip B. Abramowitz, C. Donald O'Connor and Amy C. Klein for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the complaint dismissed.

In this negligence action for a slip and fall in defendant's store, there was no evidence that defendant had notice of any slippery condition prior to plaintiff's fall; the testimony at most showed that defendant's manager learned of a slippery condition from the fall. In that the evidence was insufficient...

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