KRAUS v. GREAT ATLANTIC & PACIFIC TEA COMPANY


262 A.D.2d 35 (1999)

690 N.Y.S.2d 590

RHODA KRAUS, Respondent, v. GREAT ATLANTIC & PACIFIC TEA COMPANY et al., Appellants. (And a Third-Party Action.)

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

Decided June 3, 1999.


In light of the discrepancy between the deposition testimony of defendant A & P's deposition witness and the incident report prepared at its instigation, there remains a triable issue of fact as to whether defendants had notice of the alleged defective condition to which plaintiff attributes her accident and injury. Defendant American Revolving Door's deposition witness did not have sufficient knowledge of the relevant facts to eliminate that factual issue. Accordingly...

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