WAUTERS v. SHOP RITE, INC.


244 A.D.2d 404 (1997)

665 N.Y.S.2d 558

Sandra Wauters, Appellant, v. Shop Rite, Inc., Respondent

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

November 10, 1997


Ordered that the order is affirmed, with costs.

The plaintiff commenced the instant action to recover damages for personal injuries allegedly sustained when she slipped and fell on oil which had spilled on the floor of the defendant's supermarket. In order to establish a prima facie case of negligence, the plaintiff must prove that the defendant either created the condition which caused her fall, or that it had actual or constructive notice of the condition and a...

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