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HERBERT v. EDWARDS SUPER FOOD STORES-FINAST SUPERMARKETS, INC.

253 A.D.2d 789 (1998)

677 N.Y.S.2d 617

Dorothy Herbert et al., Respondents, v. Edwards Super Food Stores-Finast Supermarkets, Inc., Appellant

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

September 21, 1998

Ordered that the judgment is affirmed, with costs.

The plaintiff Dorothy Herbert was injured when she slipped and fell inside the defendant's supermarket. After a jury trial on the issue of liability, the defendant was found to be 75% at fault in the happening of the accident and Ms. Herbert 25% at fault. Thereafter, a trial on the issue of damages was conducted during which the defendant made a last-minute request to adjourn the case so that he might attempt to secure...

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