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SCHUBERT v. K-MART CORPORATION

256 A.D.2d 456 (1998)

683 N.Y.S.2d 435

EUGENIA SCHUBERT et al., Appellants, v. K-MART CORPORATION, Respondent.

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

Decided December 16, 1998.

Ordered that the order is affirmed, with costs.

In this slip-and-fall case, the Supreme Court properly granted summary judgment to the defendant, which presented evidence that it had neither actual nor constructive notice of the condition which allegedly caused the injured plaintiff to fall (see, Bernard v Waldbaum, Inc., 232 A.D.2d 596). It is not claimed that the defendant caused the condition. The injured plaintiff's deposition...

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