PRAGER v. GRAND UNION CO.


233 A.D.2d 492 (1996)

650 N.Y.S.2d 977

Emilia Prager et al., Appellants, v. Grand Union Company, Respondent

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

November 25, 1996


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment is denied.

The plaintiff Emilia Prager alleged, inter alia, that she broke her wrist when she slipped on cake icing in the vestibule of a Grand Union supermarket. The plaintiffs contend that the employees of the supermarket failed to clean the icing despite their constructive notice of the slippery condition. "To constitute constructive notice, a defect must be visible...

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