MARUKOS v. WALDBAUMS, INC.


267 A.D.2d 434 (1999)

699 N.Y.S.2d 736

KALIOPI MARUKOS, Respondent, v. WALDBAUMS, INC., Appellant.

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

Decided December 27, 1999.


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

The plaintiff commenced this action to recover damages for the injuries she allegedly sustained when she slipped and fell on a "dried spot of ice cream" on the floor near the cash registers in the defendant's supermarket. At her deposition, the plaintiff admitted that she did not notice the substance until after she fell and she...

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