SALTY v. ALTAMONT ASSOCS.


198 A.D.2d 591 (1993)

603 N.Y.S.2d 352

Edna Salty et al., Respondents, v. Altamont Associates et al., Appellants

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

November 4, 1993


Mercure, J.

Plaintiff Edna Salty (hereinafter plaintiff) commenced this action to recover for injuries sustained as a result of her slip and fall on broken eggs in defendants' store on July 16, 1988. Following discovery, defendants moved for summary judgment dismissing the complaint. The motion was denied. This appeal followed. We reverse. Clearly, defendants made a prima facie showing that they neither created the condition causing the fall nor had actual...

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