BROWN v. KISSENA FARMS, INC.


202 A.D.2d 620 (1994)

612 N.Y.S.2d 872

Matilda M. Brown et al., Appellants, v. Kissena Farms, Inc., Respondent

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

March 28, 1994


Ordered that the order is affirmed insofar as appealed from, with costs.

The trial court properly granted the defendant's motion for summary judgment dismissing the complaint. The defendant satisfied its initial burden of establishing that it lacked actual or constructive notice of the debris on the floor and the plaintiffs failed to submit evidence sufficient to raise a triable issue of fact concerning actual or constructive notice (see, Fasolino v Charming...

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