KASNER v. PATHMARK STORES, INC.


18 A.D.3d 440 (2005)

794 N.Y.S.2d 418

EDWARD J. KASNER et al., Appellants, v. PATHMARK STORES, INC., et al., Respondents.

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

May 2, 2005.


Ordered that the order is affirmed, with costs.

The defendants, on their motion for summary judgment dismissing the complaint, established their prima facie entitlement to judgment as a matter of law by proffering evidence establishing the absence of a dangerous and defective condition and the lack of notice of the condition complained of (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851 [1985]; Brown-Phifer v Cross...

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