Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The plaintiff Onofrio N. Modica allegedly slipped and fell on open boxes of cookies as well as the cookies themselves while he was shopping in one of the defendants' stores.
In order for the plaintiffs to make out a prima facie case, they had to demonstrate that the defendants created the condition which caused the accident or that they had actual...
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