ALLEIN v. NIAGARA FRONTIER SERVS., INC.


209 A.D.2d 926 (1994)

619 N.Y.S.2d 226

Timothy Allein, Appellant, v. Niagara Frontier Services, Inc., Doing Business as Tops Friendly Market, Respondent

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

November 16, 1994


Order unanimously reversed on the law with costs, motion denied and complaint reinstated.

Memorandum:

Plaintiff commenced this action to recover damages for injuries allegedly sustained when he slipped and fell on a rug in the produce area of defendant's supermarket. Plaintiff submitted evidence that an oily substance similar in appearance to salad dressing contained in bottles on a nearby display had accumulated underneath the rug and had soaked it. That...

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