QUINN v. K-MART CORP.


224 A.D.2d 988 (1996)

637 N.Y.S.2d 835

Kevin Quinn et al., Appellants, v. K-Mart Corporation, Respondent

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

February 2, 1996


Order unanimously reversed on the law with costs, motion denied and complaint reinstated.

Memorandum:

This action arises out of injuries allegedly sustained by Kevin Quinn (plaintiff) when he slipped and fell in defendant's department store. Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint. Plaintiffs submitted proof in evidentiary form that the plastic bag on which plaintiff slipped had been on the floor for...

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