BORENKOFF v. NAVY


37 A.D.3d 749 (2007)

831 N.Y.S.2d 220

DARRYL BORENKOFF et al., Respondents, v. OLD NAVY, Appellant.

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

Decided February 27, 2007.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

The injured plaintiff alleges that he slipped and fell on a clothes hanger lying on the floor of the defendant's store. Neither the injured plaintiff nor his wife saw the hanger on the floor before the accident. After depositions had been conducted, the defendant moved for summary judgment, contending that it had not created...

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