MALOSSI v. STATE


255 A.D.2d 807 (1998)

680 N.Y.S.2d 305

Leo Malossi et al., Appellants, v. State of New York, Respondent. (Claim No. 89054.)

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

November 19, 1998


White, J.

Claimants commenced this negligence action following a fall by claimant Dolores Malossi (hereinafter claimant) on the terrazzo floor of the Empire State Plaza's Concourse located in the City of Albany. At the conclusion of the liability phase of the trial, the Court of Claims granted defendant's CPLR 4401 motion for judgment as a matter of law. Claimants appeal.

We affirm. In a slip and fall case, the plaintiff must show that the defendant...

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