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STERN v. WALDBAUM, INC.

234 A.D.2d 534 (1996)

651 N.Y.S.2d 187

Peter Stern et al., Appellants, v. Waldbaum, Inc., a Subsidiary of Great Atlantic & Pacific Tea Company, Respondent

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

December 23, 1996

Ordered that the order and judgment (one paper) is reversed, on the law, with costs, the motion is denied, the complaint is reinstated, and a new trial is ordered.

The injured plaintiff slipped and fell on a large spill of liquid soap on the floor of the defendant's supermarket, near aisle No. 1. At the liability trial, the court would not allow the plaintiffs' eyewitness to testify that some 10 to 15 minutes before the...

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