CALO v. SPA, INC.


38 A.D.3d 488 (2007)

831 N.Y.S.2d 262

NUNZIA CALO et al., Appellants, v. BEL-MAR SPA, INC., Respondent.

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

Decided March 6, 2007.


Ordered that the order is affirmed, with costs.

On May 15, 2002, after she had selected certain items from the display of fruits and vegetables which were placed on the sidewalk immediately outside of the defendant's store, the plaintiff Nunzia Calo (hereinafter the plaintiff) went inside the store to pay. The plaintiff alleged that after she had tendered payment, and when she was about four feet from the door, she slipped and fell as a result of a piece of gum on...

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