MALENDA v. GREAT ATLANTIC & PACIFIC TEA CO., INC.


50 A.D.3d 972 (2008)

855 N.Y.S.2d 683

RONALD MALENDA, Appellant, v. GREAT ATLANTIC & PACIFIC TEA CO., INC., Respondent.

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

Decided April 22, 2008.


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

The plaintiff's decedent allegedly slipped and fell on some strawberries that had fallen onto the floor of the defendant's store in Garfield, New Jersey. In support of its motion for summary judgment dismissing the complaint, the defendant relied upon, inter alia, the deposition testimony of Richard Michalik, its store's comanager...

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