PACIELLO v. WALDBAUM'S SUPERMARKET, INC.


231 A.D.2d 618 (1996)

647 N.Y.S.2d 966

Ina Paciello et al., Appellants, v. Waldbaum's Supermarket, Inc., Respondent

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

September 23, 1996


Ordered that the order is affirmed, with costs.

The plaintiff Ina Paciello allegedly slipped on a leafy green vegetable on the floor of the produce aisle in a supermarket owned by the defendant, Waldbaum's Supermarket, Inc. The only evidence submitted by the plaintiffs that the defendant had notice of the condition was the deposition testimony of the defendant's produce manager to the effect that produce sales was a "sloppy" business and that he cleaned and/or inspected...

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