GRAZIANO v. J.C. PENNEY CO., INC.


205 A.D.2d 664 (1994)

614 N.Y.S.2d 300

Kristen Graziano et al., Appellants, v. J.C. Penney Co., Inc., et al., Respondents

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

June 20, 1994


Ordered that the judgment is affirmed, without costs or disbursements.

The plaintiff Kristen Graziano was allegedly injured when she fell inside of a store owned by the defendant J.C. Penney Co., Inc. At trial, the plaintiffs presented evidence that the fall was caused by a piece of gum or candy that was stuck on the floor of the store. However, at the end of the plaintiffs' case, the court granted the defendants' motions to dismiss for failure to establish a prima...

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