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HILSMAN v. SARWIL ASSOCIATES, L.P.

13 A.D.3d 692 (2004)

786 N.Y.S.2d 225

CHARLES HILSMAN, JR., an Infant, by CHARLES A. HILSMAN, His Parent, et al., Respondents, v. SARWIL ASSOCIATES, L.P., et al., Appellants.

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

December 2, 2004.

Spain, J.

Plaintiffs commenced this negligence action to recover for knee injuries allegedly sustained by plaintiff Charles Hilsman, Jr. (hereinafter the child) on August 11, 1998 when he — an 11 year old using crutches due to a broken ankle — slipped and fell on a wet floor just inside an entrance to the Wilton Mall, located in the Town of Wilton, Saratoga County. Asserting a storm in progress defense and lack of notice, defendants moved for summary...

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