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SIMMONS v. JANIERO STORE

258 A.D.2d 576 (1999)

686 N.Y.S.2d 447

SHERYL SIMMONS, Appellant, v. DE JANIERO STORE, Respondent.

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

Decided February 16, 1999.

Ordered that the order and judgment is affirmed, with costs.

It is well settled that in order for a plaintiff to impose liability upon a landowner for injuries caused by a defective condition, the owner must have created the condition which caused the plaintiff's injuries or have actual or constructive notice of that condition (see, Kuchman v Olympia & York, 238 A.D.2d 381...

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