FELIX v. SEARS, ROEBUCK AND CO.


64 A.D.3d 499 (2009)

883 N.Y.S.2d 40

DARRELL FELIX, Appellant, v. SEARS, ROEBUCK AND CO., Respondent.

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

Decided July 28, 2009.


This personal injury action arises from a slip and fall that occurred in defendant's store on July 7, 2005 at about 6:00 P.M. Plaintiff testified at his deposition that he and his wife were shopping in the housewares department when he slipped on what he described as an "oily" substance that "had like a detergent smell in it." He recounted that the substance was "clear... like a water solution." After he fell, he noticed a "wet floor sign" on the ground, about eight or nine...

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