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ANDRUS v. NATIONAL WESTMINSTER BANK

266 A.D.2d 171 (1999)

697 N.Y.S.2d 323

CHRISTIAN M. ANDRUS, an Infant, by His Mother and Natural Guardian, BARBARA BORNHOEFT, et al., Respondents, v. NATIONAL WESTMINSTER BANK, Appellant.

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

Decided November 1, 1999.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The infant plaintiff was injured when he allegedly slipped and fell on some candy wrappers on the outdoor front step of the defendant bank. The plaintiffs failed to establish, in opposition to the defendant's prima facie showing of entitlement to judgment as a matter of law, that the defendant either created...

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