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DOHERTY v. GREAT ATLANTIC AND PACIFIC TEA CO.

265 A.D.2d 447 (1999)

696 N.Y.S.2d 236

KATHLEEN DOHERTY et al., Appellants, v. GREAT ATLANTIC AND PACIFIC TEA CO., Respondent.

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

Decided October 18, 1999.

Ordered that the order is affirmed, with costs.

The injured plaintiff fell in the defendant's parking lot when she slipped on a flat piece of white plastic the size of a credit card as she was returning to her car. In support of its motion for summary judgment, the defendant submitted the injured plaintiff's testimony that she did not notice the piece of plastic on the ground prior to her fall, and that she did not notice any other debris on the ground after her fall...

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