GONZALEZ v. PATHMARK STORES, INC.


251 A.D.2d 627 (1998)

676 N.Y.S.2d 488

Armida Gonzalez, Respondent, v. Pathmark Stores, Inc., Appellant, et al., Defendants

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

June 29, 1998


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as asserted against the appellant.

The plaintiff slipped and fell on a round, colorless puddle in a common area of a shopping mall occupied by the appellant and 11 other lessee stores. The appellant had no duty to maintain the common areas of the shopping mall and, in any event, there is no evidence that it had actual or...

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