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NOVA v. K & B FURNITURE CO., INC.

262 A.D.2d 243 (1999)

694 N.Y.S.2d 21

JUAN NOVA, Respondent, v. K & B FURNITURE CO., INC., et al., Appellants.

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

Decided June 29, 1999.

The deposition testimony of defendant's general manager submitted in support of the motion failed to make a prima facie showing that defendant lacked actual or constructive notice of the debris that allegedly caused plaintiff to fall, the witness having testified that he has no personal knowledge of the accident and is present in the loading area for only a few minutes on any given day (compare, Strowman v Great Atl. & Pac. Tea Co., 252 A.D.2d...

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