GAITHER v. SAGA CORP.


203 A.D.2d 239 (1994)

609 N.Y.S.2d 654

Beulah Gaither, Respondent, v. Saga Corporation, Appellant. (And a Third-Party Action.)

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

April 4, 1994


Ordered that the order is affirmed, with costs.

We agree with the determination of the Supreme Court that the evidence in the record, including Beulah Gaither's affidavit and the EBT testimony of Ms. Gaither and of the defendant's representative, sufficed to raise a triable issue of fact as to whether the defendant was responsible for the creation of the alleged greasy condition upon which Ms. Gaither slipped and fell (...

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