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PSIHOGIOS v. STAVROPOULOS

269 A.D.2d 295 (2000)

703 N.Y.S.2d 462

THEODOREO PSIHOGIOS et al., Respondents, v. GEORGE STAVROPOULOS et al., Appellants.

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

Decided February 24, 2000.

Contrary to defendants' contention, plaintiff's allegation that his accident resulted from grease that accumulated on his shoes as he serviced appliances at defendants' restaurant was not presented for the first time in his affidavit in opposition to the motion for summary judgment. Plaintiff referred to grease in the kitchen when he described the circumstances of the injury at his deposition, and his bill of particulars alleged...

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