DRAGOTTA v. WALMART, INC.


39 A.D.3d 800 (2007)

835 N.Y.S.2d 352

ROSEMARIE DRAGOTTA et al., Appellants, v. WALMART, INC., Respondent.

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

Decided April 24, 2007.


Ordered that the order is affirmed, with costs.

The plaintiff Rosemarie Dragotta (hereinafter the plaintiff) sustained personal injuries when she slipped and fell in a puddle of liquid on the floor of the defendant's store in Centereach. The defendant met its initial burden of showing, as a matter of law, that it neither created the puddle nor had notice of that condition (see Breuer v Wal-Mart Stores, 289 A.D.2d 276 [2001...

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