MORALES v. FOODWAYS, INC.


186 A.D.2d 407 (1992)

Enrique Morales, Respondent, v. Foodways, Inc., Appellant

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

October 13, 1992


Plaintiff alleges that he slipped and fell backwards while in defendant's supermarket, losing consciousness. In his deposition testimony, plaintiff stated that he had not observed the condition of the floor prior to the fall, but had discovered tomato under his shoe and on his clothing afterwards. By contrast, in his affidavit in opposition to defendant's summary judgment motion, plaintiff claimed, "I noticed as I went through the fruit and vegetable aisle that there were...

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