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BAER v. GREAT ATLANTIC & PACIFIC TEA CO., INC.

264 A.D.2d 791 (1999)

696 N.Y.S.2d 58

ESTHER BAER et al., Appellants, v. GREAT ATLANTIC & PACIFIC TEA CO., INC., Doing Business as WALDBAUMS, INC., Respondent.

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

Decided September 27, 1999.

Ordered that the order is affirmed, with costs.

The injured plaintiff seeks to recover damages for injuries allegedly sustained when she slipped and fell on a liquid substance on the floor of a store owned by the defendant. The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. The injured plaintiff failed to show either that the defendant created or had actual or constructive notice of the condition which allegedly...

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