SMITH v. MAY DEPARTMENT STORE, CO.


270 A.D.2d 870 (2000)

705 N.Y.S.2d 153

ANNE M. SMITH, Appellant, v. MAY DEPARTMENT STORE, CO., Individually and Doing Business as KAUFMANN'S DEPARTMENT STORE, Respondent.

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

Decided March 29, 2000.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint. Plaintiff commenced this action to recover damages for the injuries that she sustained when she slipped and fell on a wet floor just inside the entrance of defendant's store. Contrary to the argument of plaintiff, defendant "`satisfied its burden of establishing prima facie that it did not * * * have * * * constructive...

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