TUCCI v. STEWART'S ICE CREAM COMPANY, INC.


296 A.D.2d 650 (2002)

746 N.Y.S.2d 60

RAFFAELA TUCCI, Respondent, v. STEWART'S ICE CREAM COMPANY, INC., Appellant.

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

Decided July 3, 2002.


Carpinello, J.

Plaintiff commenced this action to recover for personal injuries sustained when she slipped and fell in defendant's store. According to plaintiff, she started down the dairy aisle and slipped in a puddle of water which she did not see until after she fell. After joinder of issue and discovery, defendant moved for summary judgment and now appeals from the denial of that motion.

Inasmuch as there is no claim that defendant created the puddle in...

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