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RABADI v. ATLANTIC & PACIFIC TEA COMPANY, INC.

268 A.D.2d 418 (2000)

702 N.Y.S.2d 316

EVELYN RABADI et al., Appellants, v. ATLANTIC & PACIFIC TEA COMPANY, INC., Doing Business as A&P SUPERMARKET OF YONKERS, Respondent.

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

Decided January 10, 2000.

Ordered that the order is affirmed, with costs.

On May 12, 1993, Evelyn Rabadi was shopping in an A&P Supermarket in Yonkers when she tripped and fell on a "rolled up" carpet in the produce aisle. In July 1995 Evelyn Rabadi and her husband commenced this action against the supermarket to recover damages for the injuries allegedly sustained as a result of the accident. About nine months after the note of issue was filed, the defendant moved for summary judgment...

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