MOSS v. JNK CAPITAL LTD.


211 A.D.2d 769 (1995)

621 N.Y.S.2d 679

Kim Moss, Appellant, v. JNK Capital Ltd., Defendant, and Supermarkets General Corp., Respondent

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

January 30, 1995


Ordered that the order is affirmed, with costs, and the action against the remaining defendant is severed.

The plaintiff Kim Moss allegedly slipped and fell on a half-eaten plum which was on the floor of the respondent's store, sustaining injuries as a result. The plaintiff contends that because two employees of the respondent were working in the vicinity of the plum, they must have known or should have known that it was there, and failed to remedy the dangerous condition...

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