GELPI v. 37TH AVENUE REALTY CORP.


281 A.D.2d 392 (2001)

721 N.Y.S.2d 380

MARIA GELPI, Appellant, v. 37TH AVENUE REALTY CORP., Defendant, and 89-02 FOOD CORP., Doing Business as TRADE FAIR SUPERMARKET, Respondent.

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

Decided March 5, 2001.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint insofar as asserted against 89-02 Food Corp., d/b/a Trade Fair Supermarket, is reinstated.

The plaintiff alleges that she slipped and fell on garlic oil in the dairy aisle of the defendant 89-02 Food Corp., d/b/a Trade Fair Supermarket (hereinafter Trade Fair). At her deposition, the plaintiff testified that before she fell, she overheard a customer tell a store employee...

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