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SWEENEY v. D & J VENDING, INC.

291 A.D.2d 443 (2002)

737 N.Y.S.2d 388

JAMES K. SWEENEY, Respondent, v. D & J VENDING, INC., Appellant.

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

Decided February 11, 2002.

Ordered that the order is affirmed, with costs.

The plaintiff slipped and fell near a vending machine at his place of work. The plaintiff did not see anything on the floor before he fell. However, after the accident, he observed someone mopping the area in front of the vending machine and a skid mark on the floor. The plaintiff commenced this action against the defendant, which installed and maintained the vending machine. The defendant moved for summary judgment...

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