SCHWARTZ v. MITTELMAN


220 A.D.2d 656 (1995)

632 N.Y.S.2d 667

Morris Schwartz, Respondent, v. Joseph Mittelman, Also Known as Jacob Mittelman, Doing Business as Mittelman's Supermarket/Kosher Food Center, Appellant

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

October 23, 1995


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

The plaintiff tripped on a wire on the floor of the defendant's grocery store, breaking his hip. The jury found that the defendant was 75% liable for the plaintiff's injuries and awarded the plaintiff damages in the principal sum of $115,107.75. We now reverse.

It is well settled that, in order to establish a prima facie case, a plaintiff in a so-called slip-and...

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