LIPSKY v. FIREBAUGH REALTY CORP.


26 A.D.3d 313 (2006)

809 N.Y.S.2d 535

EVA LIPSKY et al., Appellants, v. FIREBAUGH REALTY CORP., Doing Business as FIREBAUGH REALTY ASSOCIATES, et al., Defendants, and MARSHALLS, Respondent.

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

February 7, 2006.


Ordered that the judgment is affirmed insofar as appealed from, with costs.

The plaintiffs allege that the plaintiff Eva Lipsky (hereinafter the plaintiff) slipped on a clothes hanger lying on the floor in the middle of an aisle of the ladies' department of the defendant Marshalls' West Babylon store. Marshalls moved for summary judgment dismissing the complaint insofar as asserted against it and, in support of its motion, submitted evidence establishing that the...

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