ROSATI v. KOHL'S DEPARTMENT STORES, INC.


1 A.D.3d 674 (2003)

766 N.Y.S.2d 620

CAROL ROSATI et al., Respondents, v. KOHL'S DEPARTMENT STORES, INC., Appellant.

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

November 6, 2003.


Lahtinen, J.

Plaintiff Carol Rosati (hereinafter plaintiff) sustained injuries when she allegedly slipped and fell on a plastic hanger that had been left on the floor near an exit of defendant's store in the Town of Vestal, Broome County. After discovery was completed, defendant moved for summary judgment dismissing the complaint. Supreme Court denied the motion and this appeal ensued.

Defendant alleges that there is no proof that it created the condition...

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