FEDEROWICZ v. BON-TON DEPARTMENT STORE, INC.


27 A.D.3d 1130 (2006)

810 N.Y.S.2d 714

DIANE FEDEROWICZ et al., Respondents, v. THE BON-TON DEPARTMENT STORE, INC., Appellant.

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

March 17, 2006.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this action seeking damages for injuries sustained by plaintiff Diane Federowicz when she allegedly tripped and fell on a chip in the tile flooring in defendant's store. Supreme Court properly denied defendant's motion for summary judgment dismissing the complaint. Although defendant contended in support of its...

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