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KANARSKEE v. PERGAMENT DISTRIBS., INC.

201 A.D.2d 704 (1994)

609 N.Y.S.2d 842

Elizabeth Kanarskee et al., Respondents, v. Pergament Distributors, Inc., Doing Business as Pergament, Appellant

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

February 28, 1994

Ordered that the interlocutory judgment is reversed, on the law, with costs, and the complaint is dismissed.

The plaintiff Elizabeth Kanarskee was injured when she slipped and fell on a puddle of clear liquid in the appellant's store. A witness testified that he noticed the liquid on the floor about 10 minutes before the fall.

We find that, as a matter of law, the plaintiffs did not prove that the appellant had constructive...

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