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SPRAGUE v. UNTERBERGER

206 A.D.2d 467 (1994)

615 N.Y.S.2d 1000

Veronica Sprague et al., Appellants, v. Jack Unterberger, Individually and Doing Business as Pine Bush Animal Hospital, et al., Respondents

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

July 18, 1994

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the defendants are entitled to summary judgment as the plaintiffs failed to present evidence that the defendants created the condition which caused the plaintiff Veronica Sprague to fall, or that the defendants had actual or constructive notice of the defective condition (see, Payne v Big V Supermarkets, 140...

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