KIVLAN v. DAKE BROS., INC.


255 A.D.2d 782 (1998)

680 N.Y.S.2d 293

Elizabeth Kivlan, Respondent, v. Dake Brothers, Inc., Doing Business as Stewart's, Appellant

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

November 19, 1998


Spain, J.

On August 8, 1995, plaintiff was injured in a slip-and-fall accident at defendant's convenience store in the City of Kingston, Ulster County. Plaintiff alleges that she slipped in a puddle of oil, approximately 4 to 5 inches in diameter, on the sidewalk leading to the entrance of the store and fell, sustaining injuries. Plaintiff commenced this action alleging that defendant was negligent in maintaining its property by permitting the oil to...

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