ALTIERI v. GOLUB CORPORATION


292 A.D.2d 734 (2002)

741 N.Y.S.2d 126

TONI A. ALTIERI, Appellant, v. GOLUB CORPORATION et al., Respondents.

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

Decided March 14, 2002.


Peters, J.P.

Plaintiff commenced this personal injury action as a result of a slip and fall caused by a foreign substance on the floor of the produce section of defendants' store. After joinder of issue and discovery, defendants moved for summary judgment dismissing the complaint. Supreme Court granted the motion and plaintiff appeals.

In order to recover in a personal injury action based upon a slip and fall on a foreign substance, a plaintiff must ultimately...

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