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RAFAEL-SHARAF v. WALDBAUM'S, INC.

238 A.D.2d 328 (1997)

656 N.Y.S.2d 921

Shahla Rafael-Sharaf et al., Respondents, v. Waldbaum's, Inc., Appellant

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

April 7, 1997

Ordered that the order is affirmed, with costs.

Viewing the evidence in the light most favorable to the plaintiffs (see, Negri v Stop & Shop, 65 N.Y.2d 625), we find that the plaintiffs have submitted evidence sufficient to raise an issue of fact as to whether the defendant had constructive notice of the debris in the produce department and was negligent in failing to clean the area in the alleged one-hour period...

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