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LOWEN v. GREAT ATL. & PAC. TEA CO., INC.

223 A.D.2d 534 (1996)

636 N.Y.S.2d 393

Sue A. Lowen, Appellant, v. Great Atlantic & Pacific Tea Company, Inc., Respondent

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

January 8, 1996

Ordered that the judgment is affirmed, with costs.

In opposition to the defendant's motion for summary judgment, the plaintiff submitted an affidavit in which she stated that Keith Fields, the store employee who assisted her from the floor after she fell, told her "that the water was on the floor because the produce case had been leaking for quite some time".

Contrary to the plaintiff's contention, the foregoing...

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