HANNAN v. S&G, LLC


27 A.D.3d 619 (2006)

811 N.Y.S.2d 445

MOHAMMED HANNAN, Respondent, v. S&G, LLC, Defendant, and OLD McDONALD FARM, Appellant.

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

March 21, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as asserted against the defendant Old McDonald Farm.

The plaintiff alleged that he slipped on some fruit left on the sidewalk outside of the appellant's store. The appellant established prima facie entitlement to judgment as a matter of law by submitting the deposition testimony of the plaintiff that he did not see anything...

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