CAFIERO v. INSERRA SUPERMARKETS, INC.


195 A.D.2d 681 (1993)

599 N.Y.S.2d 342

Phyllis Cafiero et al., Appellants, v. Inserra Supermarkets, Inc., Doing Business as Shoprite of Haverstraw, Respondent

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

July 1, 1993


Mercure, J.

Plaintiffs commenced this action seeking damages for injuries sustained as a result of a slip and fall of plaintiff Phyllis Cafiero (hereinafter plaintiff) in a store operated by defendant. In our view, a jury determination that defendant had actual or constructive knowledge of the condition which caused plaintiff's injury would have been based upon nothing more than speculation and surmise. Accordingly...

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