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HACKBARTH v. McDONALDS CORPORATION

31 A.D.3d 498 (2006)

818 N.Y.S.2d 578

LUCY HACKBARTH et al., Appellants, v. McDONALDS CORPORATION et al., Respondents.

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

July 11, 2006.

Ordered that the order is affirmed, with costs.

"The owner [or operator] of a store must take reasonable care that [its] customers shall not be exposed to danger of injury through conditions in the store or at the entrance which [it] invites the public to use" (Miller v Gimbel Bros., 262 N.Y. 107, 108 [1933]). However, the business owner or operator is not obligated to provide a constant remedy to the problem of water or

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