KERSON v. WALDBAUMS SUPERMARKET


284 A.D.2d 376 (2001)

725 N.Y.S.2d 676

EVELYN KERSON et al., Appellants, v. WALDBAUMS SUPERMARKET, Respondent.

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

Decided June 11, 2001.


Ordered that the order is affirmed, with costs.

The injured plaintiff, Evelyn Kerson, alleged that she slipped and fell in a supermarket due to a puddle of water and melting ice that came from an ice machine. At her deposition, Kerson testified that she did not see the water or ice before her fall. She did not make any complaint about the water or ice before the accident, and was unaware of any complaints by others about the subject area before her fall. An assistant...

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