ARGENTINA v. SOUTHLAND CORPORATION


266 A.D.2d 489 (1999)

698 N.Y.S.2d 909

CHRISTINE ARGENTINA et al., Appellants, v. SOUTHLAND CORPORATION et al., Respondents.

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

Decided November 29, 1999.


Ordered that the order is affirmed, with costs.

This action arises from an incident in the defendants' store in which the plaintiff Christine Argentina slipped and fell in a puddle of what appeared to be water. Following the commencement of the action, the defendants moved for summary judgment based on the absence of notice of the allegedly hazardous condition.

On a motion for summary judgment dismissing the complaint based on lack of notice, a defendant is...

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