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VITALE v. SHOP & SAVE MINI MART

261 A.D.2d 468 (1999)

690 N.Y.S.2d 133

FRANK VITALE, Appellant, v. SHOP & SAVE MINI MART et al., Defendants, and ANGELO CARDINALE et al., Respondents. (And a Third-Party Action.)

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

Decided May 10, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff was allegedly injured when he slipped and fell on a greasy, oily substance on the sidewalk abutting property owned by the defendants Angelo Cardinale and Frances Cardinale. The premises were leased to the defendant Shop & Save Mini Mart which had placed two dumpsters, supplied by the defendant Stage Carting Co., Inc., on the sidewalk adjacent to the side of the building. The...

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