JIMENEZ v. T.J. MAXX, INC.


17 A.D.3d 638 (2005)

792 N.Y.S.2d 906

CAROLINA JIMENEZ, Respondent, v. T.J. MAXX, INC., Sued Herein as T J MAXX, Appellant.

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

April 25, 2005.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendant made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that it neither created the allegedly defective condition upon which the plaintiff claimed she slipped and fell, nor had actual or constructive notice of it (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986...

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