MERSACK v. BJ'S WHOLESALE CLUB, INC.


64 A.D.3d 756 (2009)

882 N.Y.S.2d 655

MARVIN MERSACK, Appellant, v. BJ'S WHOLESALE CLUB, INC., Respondent.

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

Decided July 28, 2009.


Ordered that the order is affirmed, with costs.

The plaintiff was injured when he allegedly slipped and fell on a small puddle of water in an aisle of the defendant's store. He commenced this action and, after discovery was completed, the defendant moved for summary judgment dismissing the complaint on the ground, insofar as relevant here, that it did not have constructive notice of the condition. The Supreme Court granted the motion, and we affirm.

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