LEE v. PATHMARK STORES, INC.


1 A.D.3d 219 (2003)

767 N.Y.S.2d 94

BUN SIN LEE, Respondent, v. PATHMARK STORES, INC., Appellant.

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

November 18, 2003.


The 75-year-old plaintiff injured her knee when, while walking hurriedly, she slipped on water that had accumulated on the floor of defendant's supermarket premises. While we recognize that "the discretionary power to set aside a jury verdict and order a new trial must be exercised with considerable caution, for in the absence of indications that substantial justice has not been done, a successful litigant is entitled to the benefits of a favorable jury verdict" (Nicastro...

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