SAMUELS v. CHAP A NOSH OF CEDARHURST, INC.


62 A.D.3d 857 (2009)

879 N.Y.S.2d 544

MIRIAM SAMUELS et al., Appellants, v. CHAP A NOSH OF CEDARHURST, INC., et al., Respondents.

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

Decided May 19, 2009.


Ordered that the order is affirmed, with costs.

The plaintiff Miriam Samuels allegedly was injured when she slipped and fell on what she described as a greasy substance on the floor outside the manager's office in a store operated by the defendant Chap A Nosh of Cedarhurst, Inc. (hereinafter Chap A Nosh). In order to prevail on their motion for summary judgment dismissing the complaint, the defendants were required to demonstrate that they neither created the allegedly...

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