SUMELL v. WEGMANS FOOD MKTS., INC.


254 A.D.2d 702 (1998)

678 N.Y.S.2d 549

Joan Sumell, Respondent, v. Wegmans Food Markets, Inc., Appellant

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

October 2, 1998


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied without prejudice defendant's motion for summary judgment dismissing the complaint and granted plaintiff's cross motion to compel further discovery. Plaintiff slipped and fell on a cornhusk in one of defendant's stores and commenced this action, alleging that defendant had actual and constructive notice of the dangerous condition and had created it. While defendant met its initial...

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