LOLIK v. BIG V SUPERMARKETS, INC.


86 N.Y.2d 744 (1995)

655 N.E.2d 163

631 N.Y.S.2d 122

Stephen Lolik et al., Appellants, v. Big V Supermarkets, Inc., Doing Business as Shop-Rite, Respondent.

Court of Appeals of the State of New York.

Decided July 5, 1995.


Attorney(s) appearing for the Case

Grasso, Rodriguez, Putorti, Grasso & Zyra, Schenectady (Lawrence J. Zyra of counsel), for appellants.

Rowley, Forrest, O'Donnell, Beaumont & Pelersi, P. C., Albany (John H. Beaumont and Richard W. Bader of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to that Court for further proceedings in accordance with this memorandum.

Plaintiff, Claire Lolik, slipped and fell on a wet spot on the floor of defendant's supermarket and she and her husband instituted this action to recover damages for her resultant injuries. The jury awarded Claire Lolik $12,000 for past pain...

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