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LEVIN v. D'AGOSTINO SUPERMARKETS, INC.

264 A.D.2d 508 (1999)

694 N.Y.S.2d 464

MARILYN LEVIN, Respondent, v. D'AGOSTINO SUPERMARKETS, INC., Appellant.

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

Decided August 30, 1999.

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

In testimony given at her examination before trial, the plaintiff stated that she did not see what caused her to fall. More than four years after the accident and seven months after her examination before trial, she stated in an affidavit made in response to the defendant's motion for summary judgment that...

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