SCOTT v. FIRST STOP, INC.


3 A.D.3d 528 (2004)

770 N.Y.S.2d 733

VALERIE D. SCOTT, Appellant, v. FIRST STOP, INC., Doing Business as EDWARDS SUPER FOOD STORES, Respondent.

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

January 20, 2004.


Ordered that the order is affirmed, with costs.

On May 23, 1999, at approximately 1:00 P.M., the plaintiff's decedent entered a public restroom inside the defendant's premises. When she pushed the lever of a paper towel dispenser, the front plastic cover of the paper towel dispenser "flopped open," striking her in the face.

The defendant established its prima facie entitlement to judgment as a matter of law by submitting evidence sufficient to establish that...

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