FARICELLI v. TSS SEEDMAN'S, INC.


259 A.D.2d 463 (1999)

686 N.Y.S.2d 85

CATERINA FARICELLI et al., Respondents, v. TSS SEEDMAN'S, INC., Appellant, and BRITE OFFICE CLEANING CORP. et al., Respondent. (And a Third-Party Action.)

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

Decided March 1, 1999.


Ordered that the interlocutory judgment is reversed insofar as appealed from, on the law, with costs, and the complaint is dismissed insofar as asserted against the defendant TSS Seedman's, Inc.

The injured plaintiff allegedly fell on a blackened, dry banana peel lying on the floor of a store owned by the defendant TSS Seedman's, Inc. (hereinafter TSS Seedman's). Following a trial, the jury found, inter alia, that TSS Seedman's was primarily at fault in the...

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