THOMAS v. MELMARKETS, INC.


274 A.D.2d 428 (2000)

711 N.Y.S.2d 772

LAFERN THOMAS, Appellant, v. MELMARKETS, INC., Doing Business as FOODTOWN, Now Known as EDWARDS, Respondent.

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

Decided July 10, 2000.


Ordered that the order is affirmed, with costs.

The defendant demonstrated its prima facie entitlement to summary judgment based on the absence of actual or constructive notice of the allegedly dangerous condition which caused the plaintiff's fall. In opposition to the motion, the plaintiff failed to raise an issue of fact that the single grape upon which the plaintiff slipped and fell had been on the floor of the defendant's store prior to the occurrence for a period...

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