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KIM v. WING HEUMG NOODLE, INC.

249 A.D.2d 451 (1998)

671 N.Y.S.2d 303

Jocelyn Kim et al., Respondents, v. Wing Heumg Noodle, Inc., et al., Appellants

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

April 20, 1998

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendants' motion since there is a question of fact as to whether they had constructive notice of the condition which allegedly caused the injured plaintiff to fall (see, Salaam v City of New York, 226 A.D.2d 173

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