TRIMARCHI v. GENOVESE DRUG STORES, INC.


2 A.D.3d 838 (2003)

769 N.Y.S.2d 382

NATALIE TRIMARCHI et al., Appellants, v. GENOVESE DRUG STORES, INC., Respondent.

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

December 29, 2003.


Ordered that the order is affirmed, with costs.

The defendant met its initial burden on its motion for summary judgment of establishing that it did not create or have actual or constructive notice of the allegedly dangerous condition, and in response, the plaintiffs failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]).

The doctrine of res ipsa loquitur does not apply here, as...

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