ROA v. WALDBAUM, INC.


293 A.D.2d 735 (2002)

741 N.Y.S.2d 450

GLORIA ROA et al., Appellants, v. WALDBAUM, INC., et al., Respondents.

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

Decided April 29, 2002.


Ordered that the order is affirmed, with costs.

The plaintiff Gloria Roa allegedly slipped and fell on a large piece of plastic which was on the floor in one of the aisles of the defendants' supermarket. The Supreme Court granted the defendants' motion for summary judgment dismissing the complaint. We affirm.

Contrary to the plaintiffs' contention, the defendants established a prima facie case that they did not create or have actual or constructive notice...

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