The court properly denied defendant D'Agostino's motion for summary judgment. The evidence submitted by plaintiff demonstrated the existence of triable issues of fact as to whether defendant had constructive notice of the alleged bunching and puffing of the runners at the entrance of the store and whether it took reasonable precautions to remedy this condition (see, Giambrone v New York Yankees,
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SHOHEN v. D'AGOSTINO SUPERMARKETS, INC.
243 A.D.2d 371 (1997)
665 N.Y.S.2d 252
Saundra Shohen, Respondent, v. D'Agostino Supermarkets, Inc., Appellant, et al., Defendant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
October 28, 1997
October 28, 1997
Appellate Division of the Supreme Court of the State of New York, First Department.
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