MOHAMED v. WOOLWORTH


268 A.D.2d 347 (2000)

700 N.Y.S.2d 831

BEBI N. MOHAMED, Respondent, v. F.W. WOOLWORTH, Appellant.

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

Decided January 25, 2000.


Summary judgment should have been granted in light of defendant's prima facie showing of entitlement to judgment as a matter of law, and plaintiff's failure, in response thereto, to come forward with proof in evidentiary form sufficient to raise an issue of fact as to whether the defendant created or had actual or constructive notice of the muddy leaf or leaves on the public stairway in defendant's East 14th Street store alleged by plaintiff to have caused her to...

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