POPOVEC v. GREAT ATLANTIC & PACIFIC TEA COMPANY, INC.


26 A.D.3d 321 (2006)

808 N.Y.S.2d 779

PAVOL POPOVEC, Appellant, v. GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., Doing Business as WALDBAUM'S, et al., Respondents.

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

February 7, 2006.


Ordered that the order is affirmed, with costs.

The plaintiff alleges that he slipped and fell on a puddle of clear liquid while shopping at one of the defendants' supermarkets. The defendants sustained their initial burden of demonstrating their entitlement to judgment as a matter of law by submitting the deposition testimony of the store manager, which established that the defendants neither created the alleged dangerous condition nor had actual or constructive...

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