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CASTROGIVANNI v. TARGET STORES, INC.

4 A.D.3d 446 (2004)

771 N.Y.S.2d 697

MAUREEN CASTROGIVANNI, Appellant, v. TARGET STORES, INC., et al., Respondents.

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

February 17, 2004.

Ordered that the order is affirmed with one bill of costs to the respondents appearing separately and filing separate briefs.

The defendants Target Stores, Inc. (hereinafter Target), and Kimko Realty Corporation (hereinafter Kimko) made out a prima facie case entitling them to summary judgment by showing that they neither created the complained-of condition nor had actual or constructive notice thereof. In opposition, the plaintiff failed to show the existence of...

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