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ZAFIROPOULOS v. KEY FOOD STORES

5 A.D.3d 679 (2004)

774 N.Y.S.2d 730

STERGOULA ZAFIROPOULOS et al., Appellants, v. KEY FOOD STORES et al., Respondents.

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

March 22, 2004.

Ordered that the appeal by John Zafiropoulos is dismissed, as he is not aggrieved by the order appealed from (see CPLR 5511); and it is further,

Ordered that the order is affirmed, with costs.

The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that they neither created the condition on the floor of their grocery store of an errant black olive on which the injured plaintiff allegedly slipped and fell...

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