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FRANK v. PRICE CHOPPER OPERATING CO., INC.

275 A.D.2d 940 (2000)

713 N.Y.S.2d 614

CONGETTA FRANK et al., Respondents, v. PRICE CHOPPER OPERATING CO., INC., Appellant.

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

Decided September 29, 2000.

Order unanimously affirmed with costs.

Memorandum:

Plaintiffs commenced this action seeking to recover damages for personal injuries sustained by Congetta Frank (plaintiff) when she slipped and fell on a piece of waxed paper in the aisle at defendant's store. Supreme Court properly denied that part of defendant's motion seeking summary judgment dismissing the complaint insofar as it is based on the theories that...

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